Mr G Shankar vs State Of Karnataka
2022 Latest Caselaw 12553 Kant

                          -1-


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 18TH DAY OF OCTOBER, 2022

                       PRESENT

THE HON'BLE MR.PRASANNA B.VARALE, CHIEF JUSTICE

                         AND

       THE HON'BLE MR.JUSTICE ASHOK S.KINAGI

            C.C.C NO.784 OF 2022 (CIVIL)

BETWEEN:
MR. G SHANKAR
S/O LATE SOMA BANGERA
AGED ABOUT 67 YEARS
R/AT GANESH NAGAR
STATION ROAD, VIJAYAPUR - 586 104
ALSO AT:
"JOLLY APARTMENT"
FLAT NO.C1, C2 NO. 11
N.S. IYENGAR STREET
SHESHADRIPURAM, BANGALORE - 20.
                                        ... COMPLAINANT
(BY SRI SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR
 SRI KIRAN J., ADVOCATE)


AND:

1.    STATE OF KARNATAKA
      DEPARTMENT OF MAJOR IRRIGATION
      REPRESENTED BY ITS SECRETARY
      VIKASA SOUDHA
      DR. AMBEDKAR VEEDHI
      BENGALURU - 560 001
                                ... PROFORMA RESPONDENT
2.    MR. RAGHAVENDRA K
      EXECUTIVE ENGINEER
      KRISHNA BHAGYA JALA NIGAM LTD
      IBCO & DIVISON, RAMPUR
      SINDAGI TALUK
      VIJAYPUR DISTRICT
      KARNATAKA 586202
                                            ... ACCUSED
(SRI V. SREENIDHI, AGA FOR RESPONDENT No.1
 SRI PRASHANATH B.R., ADVOCATE FOR RESPONDENT No.2)
                              -2-


      THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA R/W SECTION 11 & 12 OF THE
CONTEMPT OF COURTS ACT, 1971 PRAYING TO HOLD THE
ACCUSED HEREIN GUILTY OF CONTEMPT OF COURT FOR
WILLFUL DISOBEDIENCE OF THE ORDER/JUDGMENT DATED
21.06.2022 PASSED BY THIS HON'BLE COURT IN W.P
No.3985/2022 PASSED BY THIS HON'BLE COURT AND PUNISH
THE ACCUSED WITH IMPRISONMENT OF SIX MONTHS IN
ACCORDANCE WITH LAW AND ETC.

     THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:


                           ORDER

By way of the present contempt petition, the

grievance raised before this Court is of non-compliance of

the order dated 21.06.2022 passed by the learned Single

Judge of this Court in Writ Petition No.3985/2022 wherein,

the accused - Executive Engineer was directed to consider

the representation of the complainant dated 20.01.2022

and pass appropriate orders in accordance with law within a

period of four weeks from the date of receipt of copy of the

order.

2. Vide order dated 05.09.2022, notice was issued to

the accused. Today, the accused has submitted a memo of

compliance through his learned counsel. The same is taken

on record and marked 'X' for identification. It is stated in

the memo of compliance that the order of this Court has

been complied with by disposing of the representation on

08.09.2022. The copy of the order dated 08.09.2022 is

annexed to the memo of compliance. The order reads

thus:

"The recovered amount of Rs.2,20,60,472.00 in the running bill No.8th & part of the work Restoration and providing mechanical gates to the Umarani Barrage constructed across Bhima River for augmentation of water to chadachan LIS on Turnkey basis, is adjusted towards the excess amount paid against the price escalation bill for the work of DESIGN AND SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF PIPE DISTRIBUTION NETWORK SYSTEM UNDER CHADCHAN LIS COVERING A COMMAND AREA OF 9215 Ha. INCLUDING O & M FOR 5 YEARS. As per clause-36 of tender agreement."

3. The compliance is also not disputed by the

complainant. In view of the order dated 08.09.2022, the

grievance raised in the petition no more survives and the

contempt proceedings deserves to be dropped.

4. The learned Senior Counsel appearing for the

complainant submits that the complainant be granted

liberty to challenge the order dated 08.09.2022. If the

complainant is so advised, he may take recourse to

appropriate remedies as available under the law.

With these observations, the contempt petition is

disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB