1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 7TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.21374 OF 2019 (GM-CPC)
BETWEEN:
1. SRI. BILIGIRI EDUCATION SOCIETY (REGD).
BILIGIRI FIRST GRADE COLLEGE,
YELANDUR-571441.
REPRESENTED BY ITS SECRETARY.
2. THE EXECUTIVE PRESIDENT,
SRI. BILIGIRI EDUCATION SOCIETY (REGD).
BILIGIRI FIRST GRADE COLLEGE,
YELANDUR-571441.
... PETITIONERS
(BY SRI. S N BHAT, ADVOCATE FOR
SRI. B G VIJAYAKUMARASWAMY, ADVOCATE)
AND:
S. RAMESH,
S/O SIDDAPPA SHETTY,
AGED ABOUT 60 YEARS,
PAVADASHETTY STREE,T
MADHUVANAHALLI,
KOLLEGAL TALUK,
CHAMARAJANAGAR DISTRICT-571439.
...RESPONDENT
(BY SRI.MANJUNATH N D, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RECORDS ON THE FILE OF HON'BLE DISTRICT AND
SESSIONS JUDGE, CHAMARAJANAGAR IN EX.PETITION
NO.81/2015 AND SET ASIDE THE ORDER DATED 15.03.2019
PASSED BY PRINCIPAL DISTRICT & SESSIONS JUDGE,
CHAMARAJANAGAR IN EX.PETITION NO.81/2015 VIDE ANNX-
F AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY THROUGH PHYSICAL
HEARING, THE COURT MADE THE FOLLOWING:-
2
ORDER
Petitioners being the judgment debtors in Execution Petition No.81/2015 are knocking at the doors of writ court for assailing the order dated 15.03.2019, a copy whereof is at Annexure-F, whereby the learned Principal District Judge, Chamarajanagar has directed attachment of their properties for coercing implementation of his original side order as affirmed by this court in the earlier round of litigation.
2. After service of notice, respondent Decree Holder having entered appearance through his counsel resist the writ petition making submission in justification of the impugned order and the reasons on which it is structured.
3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant conditional indulgence in the matter and for the following reasons:
(a) The respondent had filed appeal in EAT No.1/2012 which came to be disposed off in his favour vide order dated 22.08.2014 wherein the petitioners were directed to recommend his name for admission to the salary under the Grant-In-Aid; this was put in challenge 3 by the petitioners in W.P.No.32320-32321/2015 (Edn-Res) which came to be disposed off by a Co-ordinate Bench of this Court vide judgment dated 28.02.2017 specifically stating that the recommendation should be made expeditiously; even then the recommendation was not made.
(b) The order of the EAT as confirmed by a Co-ordinate Bench of this Court as mentioned above having not been complied with, the respondent employee filed Execution No.81/2015 for enforcing the same; however, after notice in his execution petition, petitioners JDrs have complied with the said orders, although this was apparently with enormous delay; that being the position, learned Judge of the Court below could not have directed attachment of the properties, and
(c) The delay in not implementing the order of the EAT and writ of this court cannot go with impunity; the vehement contention of the counsel for the petitioners that no specific period had been stipulated in the said orders is a poor justification for brooking delay; it is a settled position of law that where period is not prescribed by the Court for compliance of it's orders, ordinarily it should be 4 implemented within one month, and in any circumstance within a reasonable period; going by this yardstick it cannot be said that there is no delay in implementing the orders in question and therefore this culpable lapse on the part of the petitioners has to be visited with exemplary costs, notwithstanding the grant of substantive relief.
In the above circumstances, this writ petition succeeds; a Writ of Certiorari issues quashing the impugned order and the execution proceedings as well; petitioners together shall pay a cost of Rs.25,000/- (twenty five thousand) only to the respondent-employee within a period of four weeks and to report compliance to the Registrar General of this court in writing within next one week, failing which the impugned order now set at naught shall resurrect on its own as phoenix.
Sd/-
JUDGE Snb/