Citation : 2022 Latest Caselaw 8583 Kant
Judgement Date : 10 June, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2022
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
CCC NO.291/2022 (CIVIL)
BETWEEN:
MAHESH GOWDA M,
S/O LATE MOLLEGOWDA,
AGED ABOUT 44 YEARS,
MEMBER OF VIRUPAKSHIPURA GRAMAPANCHAYAT,
RESIDENT OF AMMALLI DODDI VILALGE,
CHANNAPATTANA TALUK,
RAMANAGARA DISTRICT - 562 138.
... COMPLAINANT
(BY SRI MANJEGOWDA D.S., ADVOCATE)
AND:
1 . DR. K. RAKESH KUMAR, IAS.,
THE DEPUTY COMMISIONER,
RAMANAGARA DISTRICT,
RAMANAGARA - 562 159.
2 . C. MANJUNATH, KAS.,
THE ASSISTANT COMMISSIONER,
RAMANAGARA SUB-DIVISION,
RAMANAGARA - 562 159.
3 . L. NAGESH, KAS.,
THE TAHASHILDAR,
CHANNAPATTANNA TALUK,
2
CHANNAPATTANNA,
RAMANAGARA DISTRICT - 562 160.
4 . T. SURESH,
S/O LATE TAMMANNAGOWDA,
AGED ABOUT 45 YEARS,
THE PRESIDENT,
VIRUPAKSHIPURA GRAMAPANCHAYAT,
VIRUPAKSHIPURA,
CHANNAATTANA TALUK,
RAMANAGARA DISTRICT - 562 138.
5 . STATE OF KARNATAKA,
REVENUE DEPARTMENT,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
M.S.BUILDING,
BANGALORE - 560 040.
... ACCUSED
(BY SRI VIJAYAKUMAR A.PATIL, AGA FOR R1 TO R3 & R5,
A-4 IS DELETED AS PER THE ORDER DATED 22.04.2022)
---
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURT ACT, R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHEREIN
HE PRAYS THAT THE HON BLE COURT MAY BE PLEASED TO
INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED
FOR THEIR WILLFUL AND DELIBERATE DISOBEDIENCE OF THE
ORDER DATED 25.09.2021 MADE BY THIS HON'BLE COURT IN
WP NO. 17215/2021 (GM-CC) (ANNEXURE-A) AND ETC.
THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:
3
ORDER
Heard.
2. This contempt petition arises out of the judgment
and order dated 25.09.2021 passed in W.P.No.17215/2021
(GM-CC) wherein, the writ Court, while disposing of the writ
petition, has directed accused Nos.1 to 3 to consider or cause
to be considered complainant's representation within a period
of three months and in accordance with law, the complainant
shall be made known of the result of such consideration within
one week following.
3. The compliance affidavit has been filed by accused
No.2 stating therein that in compliance of the writ Court's
direction, the representation of the complainant has been
considered and vide endorsement dated 21.03.2022, a
detailed order has been passed. The said endorsement has
also been communicated to the complainant. The copy of the
endorsement dated 21.03.2022 is on record. Perusal of the
said endorsement indicates that the same has been passed in
compliance of the writ Court's direction.
4. In view of the above, we are satisfied that there is
no willful disobedience or non-compliance on the part of the
accused.
5. The contempt petition is dismissed. The notice is
discharged.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
VM
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