Karnataka High Court
K Santhosha vs Smt. Manjula I.A.S on 24 May, 2022
Bench: B.Veerappa, K S Hemalekha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MAY, 2022
PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA
C.C.C.No. 767/2021 (CIVIL)
BETWEEN :
K. SANTHOSHA
S/O LATE SRI KABBALIAH,
AGED ABOUT 25 YEARS,
R/AT KADAVEKERE,
DODDI VILLAGE,
MALAGALU POST,
KASABA HOBLI,
KANAKPURA TALUK,
RAMNAGARA DISTRICT - 562 117.
...COMPLAINANT
(BY SRI. SUBRAMANYA BHAT M., ADVOCATE)
AND :
1. SMT. MANJULA I.A.S.,
MANAGINGIN DIRECTOR,
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
KAVERI BHAVA,
BANGALORE - 01.
2. SRI RAJENDRA CHOLAN I.A.S.,
MANAGING DIRECTOR,
BANGALORE ELECTRICITY SUPPLY
COMPANY LIMITED,
-2-
K.R. CIRCLE,
BANGALORE - 01.
3. SRI K. SHIVANNA,
SUPERINTENDING ENGINEER (ELCL),
BANGALORE ELECTRICITY SUPPLY
COMPANY LIMITED,
RAMANAGARA CIRCLE,
RAMANAGARA - 562 117.
4. SRI NAGARAJ H.M.,
THE EXECUTIVE ENGINEER (ELCL),
BANGALORE ELECTRICITY SUPPLY
COMPANY LIMITED,
KANAKAPURA DIVISION,
KANAKAPURA,
RAMANAGARA DISTRICT - 562 117.
...ACCUSED
(BY SRI. S. SRIRANGA, SENIOR COUNSEL A/W
MS. ANUPAMA SPOORTHI ADVOCATE FOR A2 TO A4)
***
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURT ACT, 1971, BY THE COMPLAINANT
PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE
ACCUSED FOR HAVING DELIBERATELY DISOBEYED THE
JUDGMENT DATED 24.06.2021 PASSED IN W.P.NO.2495/2019
(ANNEXURE-C), AND PUNISH THE ACCUSED IN ACCORDANCE
WITH LAW.
THIS CCC COMING ON FOR ORDERS, THIS DAY,
B.VEERAPPA J., PASSED THE FOLLOWING:
-3-
ORDER
The present Contempt petition has been filed by
the complainant to take action against the accused
under the provisions of Section 11 and 12 of the
Contempt of Courts Act for the willful disobedience of
the order passed by the Co-ordinate Bench of this
Court dated 24.06.2021 made in W.A. No.2495/2019,
wherein the Co-ordinate Bench of this Court while
allowing writ appeal directed the respondents to
consider the application made by the appellant for the
relief sought therein in accordance with law, within a
period of two months from the date of order.
2. Sri. S. Sriranga, learned Senior counsel
appearing for Ms. Anupama Spoorthi, learned counsel
for the accused on instructions submits that the order
passed by the Co-ordinate Bench of this Court dated
24.06.2021 in W.A. No.2495/2019 was subject matter
of the SLP (C) No.18317/2021 before the Hon'ble
Supreme Court and the Hon'ble Supreme Court while
issuing the notice to the respondent-present
complainant stayed the impugned judgment till the
next date of hearing with a condition that the present
accused persons shall deposit a sum of Rs.30,000/-
with the Registry. Subsequently, on 03.12.2021 and
21.01.2022, interim order was extended till the next
date of hearing. Since the matter is still pending
before the Hon'ble Supreme Court, the prayer sought
in the contempt proceedings would not survive for
consideration. Thus, he sought for dismissal of the
contempt petition.
3. Submission is placed on record.
4. Having heard the learned counsel for the
parties, it is not in dispute that the order dated
24.06.2021 passed by the Co-ordinate Bench of this
Court has been stayed by the Hon'ble Supreme Court
in SLP (C) No.18317/2021 and interim order has been
extended from time to time. Thereby, this Court
cannot proceed with the contempt proceedings since
Special Leave petition is still pending before the
Hon'ble Supreme Court.
In view of the above, we pass the following:
ORDER
The Civil Contempt Proceedings are hereby
dropped. Further, it is always open to the
complainant to file fresh contempt petition after
disposal of the Special Leave Petition pending before
the Hon'ble Supreme Court, in accordance with law.
Sd/-
JUDGE
Sd/-
JUDGE
MBM
