Shri. Dayanand S Hosamani vs Smt. B B Kaveri
2022 Latest Caselaw 1010 Kant

        IN THE HIGH COURT OF KARNATAKA,
                 DHARWAD BENCH

       DATED THIS THE 21ST DAY OF JANUARY 2022

                       PRESENT

        THE HON'BLE MR. JUSTICE S.G. PANDIT
                         AND
 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

               CCC NO.100136 OF 2021

BETWEEN:

SHRI DAYANAND.S.HOSAMANI
AGE: 47 YEARS, OCC: WATER SUPERVISOR
TOWN PANCHAYAT, R/O.RAIBAG
DIST:BELAGAVI, PIN. 591217.
                                    ...COMPLAINANT

(BY SHRI HEMANTHKUMAR.L.HAVARAGI, ADVOCATE)

AND

1.    SMT. B.B.KAVERI
      DIRECTOR OF MUNICIPAL ADMINISTRATION
      DEPARTMENT OF MUNICIPAL ADMINISTRATION
      9TH FLOOR, VISHVESHWAIAH TOWERS
      BENGALURU, PIN 560001.

2.    SHRI M.G.HIREMATH
      DEPUTY COMMISSIONER
      BELAGAVI, DIST: BELAGAVI
      PIN: 590001.

3.    SHRI ISWAR HUKAGADDI
      THE PROJECT DIRECTOR
      AND DISTRICT DEVELOPMENT OFFICER
      BELAGAVI, DIST: BELAGAVI
                                        2



     PIN: 590001.
                                                                 ...ACCUSED

(BY SMT.K.VIDYAVATI, AAG &
SRI.PRASHANT.V.MOGALI., HCGP)

     THIS CONTEMPT PETITION IS FILED UNDER SECTIONS
11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W.
ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PRAYING
THIS HONBLE COURT TO, PUNISH THE ACCUSED FOR
DISOBEYING AN ORDER DATED 05.03.2021 PASSED BY THIS
HON'BLE HIGH COURT IN WP.NO.100122/2018 (S-RES)
PRODUCED AT ANNEXURE-A, IN THE INTEREST OF JUSTICE
AND EQUITY.

     THIS CONTEMPT PETITION COMING ON FOR ORDERS,
THIS DAY, S.G. PANDIT J., PASSED THE FOLLOWING:


                                  ORDER

This contempt petition is filed complaining

disobedience of order dated 05.03.2021 in

WP.No.100122/2018, wherein this Court directed

respondent Nos.2 to 4 therein to consider the

representations of petitioner dated 10.01.2017,

27.01.2015 and 10.01.2017 at Annexures-G, H & J

respectively and to pass appropriate orders.

2. Heard learned counsel Sri.Hemanthkumar.L.

Havaragi for the complainant and learned counsel

Smt.K.Vidyavati, Additional Advocate General for

respondents-accused. Perused the entire papers.

3. Learned Additional Advocate General pointed

out that the respondents have complied with the directions

issued by this Court and invites attention to endorsement

dated 09.11.2021 enclosed along with memo dated

19.01.2022.

4. A perusal of the memo, it is seen that the

respondents have stated that the petitioner is not entitled

for regularization, in terms of judgment between

Secretary, State of Karnataka and Others Vs

Umadevi (3) and Others1. Further, the endorsement

indicates that the respondents have paid salary or wages

till September-2018.

5. Thus, we are of the view that, there is

substantial compliance by the respondents.

(2006) 4 SCC 1

6. Accordingly, the contempt proceedings are

dropped. The petitioner is at liberty if so advised to

challenge the endorsement.

7. Pending applications, if any, do not survive for

consideration and accordingly, they are disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

am