Karnataka High Court
Master Mohammed Taqi (Minor) vs Sri. J. Manjunath on 5 May, 2022
Bench: Krishna S Dixit, S Rachaiah
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 5TH DAY OF MAY, 2022
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE S. RACHAIAH
CCC NO.277 OF 2022
BETWEEN:
MASTER MOHAMMED TAQI (MINOR)
C/O N SRIKANTAIAH,
AGED ABOUT 14 YEARS,
NO.16, 2ND CROSS,
MOHAMMED BLOCK,
MALLESHWARAM,
BANGALORE - 560 003.
REPRESENTED BY GUARDIAN
N SRIKANTAIAH,
S/O NARASAPPA GOWDA,
NO.187, 11TH CROSS, 4TH MAIN ROAD,
BEML LAYOUT, BASAVESWARA NAGAR,
BANGALORE - 560 079.
PH NO. 91 7676368556.
... COMPLAINANT
(BY SRI. HITESH GOWDA B J, ADVOCATE)
AND:
1. SRI. J. MANJUNATH,
AGED MAJOR,
THE DEPUTY COMMISSIONER,
AND DISTRICT MAGISTRATE,
BENGALURU URBAN DISTRICT,
BEHIND KANDAYA,
BENGALURU - 560 009.
2
2. SRI. S. KANNAN,
AGED MAJOR,
THE PRINCIPAL,
JAWAHAR NAVODAYA VIDYALAYA,
BANGALORE URBAN, STATE HIGHWAY 104,
YELAHANKA NORTH, BANGALORE URBAN DISTRICT,
BAGALUR, KARNATAKA - 562 149.
R2 DELETED V.C.O DATED 21.03.2022
3. STATE OF KARNATAKA,
REP BY PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
VIDHANA SOUDHA,
BENGALURU - 560 001.
4. UNION OF INDIA,
REP BY CABINET SCERETARY,
SOUTH BLOCK,
RASHTRAPATHI BHAWAN,
NEW DELHI - 110 004.
IMPLEADED V.C.O DATED 11.04.2022.
... ACCUSED
(BY SRI. C N MAHADESWAR, AGA FOR R1 & R3;
SRI. H SHANTHI BHUSHAN, ASG FOR R4;
V.C.O DATED 21/3/2022 R2 DELETED)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF
THE CONSTITUTION OF INDIA, BY THE COMPLAINANT,
WHEREIN HE PRAYS THAT THE HONBLE COURT MAY BE
PLEASED TO PUNISH THE ACCUSED PERSONS IN THE ABOVE
CASE FOR HAVING COMMITTED AN ACT OF CONTEMPT
WILLFULLY, INTENTIONALLY, PURPOSEFULLY AND
DELIBERATELY BY DISOBEYING THE JUDGEMENT DATED
03.01.2022 IN WP NO.20007/2021 (GM-RES) AS PER
ANNEXURE-A.
THIS CCC COMING ON FOR ORDERS THIS DAY
THROUGH PHYSICAL HEARING, KRISHNA S DIXIT J., MADE
THE FOLLOWING:-
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ORDER
The complaint in this petition is against non-
implementation of the Mandamus granted in judgment
dated 03.01.2022 rendered in complainant's W.P.
No.20007/2021 (GM-RES). The said Mandamus reads as
under:
"In the above circumstances, this Writ
Petition is disposed off directing Respondent
No.6 to admit the petitioner to the 8th std in
Netaji Subhash Chandra Bose Residential
School or in Navodaya Vidyalaya, in
Bangalore City for the academic year 2021-
22; the said respondent shall have all the
powers and the authority to accomplish the
school admission of the petitioner
accordingly.
Costs made easy."
2. Learned ASG and the counsel appearing for
the accused/respondents fairly submit that they would
furnish list of schools wherein the vacant seats do avail
from which complainant may choose one and that this
would be done on a warfooting i.e., within one week.
In view of the above, this Court drops these
contempt proceeding are dropped with liberty to the
complainant to seek its revival by moving a simple Memo
if there is non-compliance of the undertaking given by
the answering respondents which may result into heavy
penal costs being imposed upon the violators.
It is made clear that, in the event, if there is any
vacant seat existing in any school in Bengaluru,
petitioner shall be admitted to the same.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
Bsv
