Sri. Saiyyed Riyaz Ahmed S/O Riyaz Ahmed vs Sri. Manmathaiyya M Swamy
2023 Latest Caselaw 10192 Kant

Karnataka High Court

Sri. Saiyyed Riyaz Ahmed S/O Riyaz Ahmed vs Sri. Manmathaiyya M Swamy on 11 December, 2023

Author: S.Sunil Dutt Yadav

Bench: S.Sunil Dutt Yadav

                                               -1-
                                                      NC: 2023:KHC-D:14505-DB
                                                       CCC No. 100271 of 2023




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                           DATED THIS THE 11TH DAY OF DECEMBER, 2023

                                            PRESENT
                          THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
                                               AND
                           THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                          CIVIL CONTEMPT PETITION NO. 100271 OF 2023
                   BETWEEN:

                         SRI. SAIYYED RIYAZ AHMED S/O RIYAZ AHMED
                         AGED ABOUT 43 YEARS, OCC. BUSINESS
                         R/O NARA GALLI, JADGER ONI HALEPET,
                         WARD NO. 3, DIST. BAGALKOT 587101

                                                               ...COMPLAINANT
                   (BY SMT. GAYATRI S R, ADVOCATE)
                   AND:

                   1.    SRI. MANMATHAIYYA M SWAMY
                         AGE 57 YEARS, OCC. CHIEF ENGINEER,
                         THE CHIEF ENGINEER
                         BAGALKOTE TOWN DEVELOPMENT AUTHORITY,
                         BAGALKOTE 587103
Digitally signed
by VINAYAKA B
V                  2.    SRI VINAY PATIL
Date:
2023.12.13
13:09:36 +0530
                         AGE 35 YEARS, THE REHABILITATION OFFICER
                         BAGALKOTE TOWN DEVELOPMENT AUTHORITY,
                         BAGALKOTE 587103

                   3.    THE STATE OF KARNATAKA
                         HOUSING AND URBAN DEVELOPMENT SECRETARIAT
                         R/BY ITS PRINCIPAL SECRETARY,
                         VIKAS SOUDHA, AMBEDKAR VEEDI,
                         BENGALURU 560001
                                                   PROFORMA RESPONDENT
                                                                  ...ACCUSED
                   (BY SRI.G.K. HIREGOUDAR, GOVT.ADVOCATE FOR A1 TO A3)
                                   -2-
                                          NC: 2023:KHC-D:14505-DB
                                           CCC No. 100271 of 2023




        THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
CONSTITUTION OF INDIA, 1950, PRAYING TO PUNISH THE
ACCUSED IN ACCORDANCE WITH LAW FOR HAVING DISOBEYED
THE ORDER DATED 30.01.2023, PASSED IN W.P.NO.100550/2023
BY THIS HON BLE COURT VIDE ANNEXURE-A.

        THIS CONTEMPT PETITION COMING ON FOR ORDERS, THIS
DAY, VIJAYKUMAR A PATIL J., PASSED THE FOLLOWING:


                                ORDER

This contempt petition is filed by the complainant

alleging disobedience of the order dated 30.01.2023

passed in WP No.100550/2023.

It is submitted that the learned Single Judge while

disposing off the writ petition has relied on a decision of

learned Single Judge in the case of Mohiuddin S/o

Fakruddin Dhalayat Vs. The Chief Engineer and

Another1, and the said judgment has been stayed by co-

ordinate Bench of this Court in WA No.100264/2023.

WP No.105109/2023, dated 23.01.2023

NC: 2023:KHC-D:14505-DB

In view of the said submission, the present contempt

petition is disposed off with liberty to the complainant to

file fresh contempt or seek revival after disposal of the

aforesaid writ appeal, if so advised.

Sd/-

JUDGE

Sd/-

JUDGE

JTR