Sri Prakash H P Vs Sri Shashidhar Madyal K S — Contempt of Court | Karnataka HC (2025)

Sri Prakash H P Vs Sri Shashidhar Madyal K S — Contempt of Court | Karnataka HC (2025)

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NC: 2025:KHC:123-DB CCC No. 906 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^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. 906 OF 2023

BETWEEN:

SRI PRAKASH H P S/O LATE SRI PEDDA REDDY AGED ABOUT 47 YEARS R/OF H HOSAHALLI VILLAGE HENNAGARA POST, JIGANI HOBLI BENGALURU-562106.

…COMPLAINANT

(BY SRI. CHANDRASHEKAR – ADVOCATE FOR SRI. BHARGAV G - ADVOCATE)

Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka

AND:

SRI SHASHIDHAR MADYAL K S THE TAHSILDAR ANEKAL TALUK ANEKAL-562106.

STATE OF KARNATAKA DEPARTMENT OF REVENUE REP BY ITS PRL SECRETARY VIDHANA SOUDHA BENGALURU-560001.

…ACCUSED (BY SMT. NAMITHA MAHESH B G – AGA FOR ACCUSED NO.2)

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT READ WITH ARTICLE 215 OF

2 - NC: 2025:KHC:123-DB CCC No. 906 of 2023

THE CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE OF CIVIL CONTEMPT AGAINST ACCUSED NO.1TAHSILDAR FOR DISOBEDIENCE AND FOR NOT IMPLEMENTING THE ORDER OF THIS HONBLE COURT PASSED IN W.P.NO.901/2019 (KLR-RES) DATED 23.09.2022 VIDE ANNEXURE-E.

THIS CCC, COMING ON FOR ORDERS, 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 proceeding is initiated by the complainant against the respondents for willful disobedience of the order dated 23.09.2022 passed by the learned Single Judge in WP.No.901/2019 (KLR-RES) vide Annexure-E.

Learned counsel Sri Chandrashekar appears on

behalf of learned counsel Sri Bhargav.G who is on record for the complainant. Learned AGA Smt Namitha Mahesh B.G for Accused/Respondent No.2 is present.

3 - NC: 2025:KHC:123-DB CCC No. 906 of 2023

Learned AGA presses into service for consideration

of compliance affidavit filed on 04.01.2025. The said compliance affidavit consists para Nos.1 to 5. Para No.4 of the compliance affidavit indicates as Due to administration work and verifying the documents pertaining to the case of the petitioner some delay has been caused. The delay in considering the application of the complainant is neither deliberate/willful nor intentional one, but for the bonafide reasons stated above. Para No.5 indicates as Respondent/Accused have highest respect of the orders passed by this Court and they have never disobeyed the orders passed by this Court intentionally.

Learned AGA submits that subsequent to receipt of

process in this matter, endorsement dated 17.12.2024 vide Annexure-R was issued.

Keeping in view Section 2(b) of the Contempt of

Courts Act, 1971 and the endorsement issued by the competent authority, it is deemed appropriate that this

4 - NC: 2025:KHC:123-DB CCC No. 906 of 2023

contempt proceeding do not survive for consideration. Consequently, the contempt proceeding is hereby

dropped.

Liberty is granted to the complainant to proceed

further in accordance with law.

Sd/-

(K.SOMASHEKAR)

JUDGE

Sd/(VENKATESH NAIK T) JUDGE

RJ