Sri. Rudresh Vs Sri Mahantesh Bilagi — Contempt of Court | Karnataka HC (2025)

Sri. Rudresh Vs Sri Mahantesh Bilagi — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Contempt proceedings dropped against accused Nos.1 to 3 in view of the compliance affidavit; liberty granted to the complainant as sought.

Issue for consideration

Whether the accused Nos.1 to 3 were guilty of willful disobedience in non-complying with the order dated 15.07.2022 passed in W.P. NO.7476-2022, warranting initiation of contempt proceedings and punishment.

Court's answer

In view of the compliance affidavit dated 25.03.2024 (showing that the Superintending Engineer secured the Electrical Inspector's report and rejected the complainant's claim by endorsement dated 12.10.2022, Annexure-R1), the contempt proceedings are hereby dropped, i.e., the present contempt does not survive for consideration.

Ratio / Principle

Liberty sought by the learned counsel for the complainant is granted as sought for.

Detailed headnote1 paragraphs

Civil Contempt (CCC No. 665 of 2023) — Petition under Article 215 of the Constitution of India read with Sections 11 and 12 of the Contempt of Courts Act, 1971 by Rudresh against BESCOM officials (Managing Director; Executive Engineer, Kunigal Division; Assistant Executive Engineer, Huliyur Durga Sub-Division) alleging willful disobedience of the learned Single Judge's order dated 15.07.2022 in W.P. No.7476/2022, which directed the Superintendent Engineer, Tumkur Circle, BESCOM to consider the complainant's representations in accordance with law within two months of the Electrical Inspector's report under Section 161 of the Indian Electricity Act — Compliance affidavit dated 25.03.2024 filed by the Executive Engineer (Ele), BESCOM, Kunigal Division, Tumakuru, recording that the Superintending Engineer secured the Electrical Inspector's report, rejected the complainant's claim and issued endorsement dated 12.10.2022 (Annexure-R1) — Held: in view of the compliance affidavit, the contempt proceedings are dropped; liberty granted to the complainant as sought. Oral Order per K. Somashekar J.; Bench comprising K. Somashekar and Venkatesh Naik T., JJ.; decided 24.01.2025.

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NC: 2025:KHC:3343-DB CCC No. 665 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF JANUARY, 2025

PRESENT

THE HON'BLE MR JUSTICE K.SOMASHEKAR AND

THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.665 OF 2023

BETWEEN:

SRI RUDRESH S/O. LATE RUDRAIAH S. B. AGED ABOUT 39 YEARS R/AT SEEGEPALYA DODDAMAVATTUR POST HULIYUR DURGA HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572 123.

…COMPLAINANT

(BY SMT. LATHASHREE D. L., ADVOCATE)

AND:

Digitally signed by MOUNESHWARAPPA NAGARATHNA

Location: HIGH COURT OF KARNATAKA

SRI MAHANTESH BILAGI MANAGING DIRECTOR BESCOM, K. R. CIRCLE BENGALURU - 560 001.

SRI R. PURUSHOTHAM EXECUTIVE ENGINEER BESCOM, KUNIGAL DIVISION TUMKUR DISTRICT - 572 123.

SRI VEERABHADRACHAR ASSISTANT EXECUTIVE ENGINEER BESCOM HULIYUR DURGA SUB-DIVISION KUNIGAL TALUK …ACCUSED

(BY SRI:H. V. DEVARAJU, ADVOCATE FOR A-1 TO A-3)

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NC: 2025:KHC:3343-DB CCC No. 665 of 2023

THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 11, AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHERE IN HE PRAYS TO INITIATE THE CONTEMPT PROCEEDINGS AND PUNISH THE ACCUSED FOR WILLFUL DISOBEDIENCE IN NON COMPLYING THE ORDER DATED 15.07.2022 PASSED BY THIS HON'BLE COURT IN W.P. NO.7476-2022.

THIS CCC, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T

ORAL ORDER

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

This contempt proceedings is initiated by the complainant against the accused for disobedience of the order dated 15.07.2022 passed by learned Single Judge in W.P.No.7476/2022, whereunder the learned Single Judge disposed of the petition directing the Superintendent Engineer, Tumkur Circle, BESCOM to consider the representations in accordance with law within a period of two months from the date of receipt of the report from the Electrical Inspector as specified under Section 161 of the Indian Electricity Act. However, since said order was not complied, this contempt proceedings are filed.

Learned counsel, Smt. Lathshree D.L. for the complainant is present before the Court.

3 - NC: 2025:KHC:3343-DB CCC No. 665 of 2023

Sri H.V. Devaraju, learned counsel for accused Nos.1 to 3 submits that the father of the complainant-deceased, a farmer, knowing fully well that electric lines were extended to the Peepal Tree by BESCOM, had cut the said tree and he died due to electrification. An compliance affidavit dated 25.03.2024 has been filed by the Executive Engineer(Ele) BESCOM, Kunigal Division, Tumakuru, whereunder at para 3, he has stated that on receipt of the certified copy of the order dated 15.07.2022, passed by this Hon'ble Court, the Superintending Engineer(Ele), secured the report from the Electrical Inspector and passed detail orders rejecting the claim of the complainant and issued an endorsement dated 12.10.2022 and copy of endorsement dated 12.10.2022 is produced at Annexure-R1. Hence, he submits that the present contempt does not survive for consideration.

Accordingly, in view of the compliance affidavit, the contempt proceedings are hereby dropped. In the mean-while, learned counsel for the complainant seeks liberty and liberty is granted as sought for.

(K.SOMASHEKAR) JUDGE

Sd/(VENKATESH NAIK T) JUDGE

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