Shri Jayadev S/O Rudrappa ... vs Dr Gopalkrishna B Ias
2023 Latest Caselaw 244 Kant

                                                -1-

                                                       CCC No. 100290 of 2022




                               IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH

                           DATED THIS THE 4TH DAY OF JANUARY, 2023

                                            PRESENT

                             THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                               AND
                             THE HON'BLE MR JUSTICE UMESH M ADIGA

                                 CCC NO. 100290 OF 2022 (CIVIL)

                      BETWEEN:
                      SHRI JAYADEV S/O. RUDRAPPA KADAPPANAVAR,
                      AGE 72 YEARS,
                      OCC: RETIRED DY. REVENUE OFFICER OF HDMC,
                      R/O H.NO. A-25, MADHURA ESTATE,
                      KESHVAPUR, HUBBALLI-580023,
                      (CELL NO. 9741656865).
                                                             ... COMPLAINANT
                      (BY SRI. JAYADEV
                       S/O. RUDRAPPA KADAPPANAVAR, PARTY-IN-PERSON)

                      AND:
                      1.   DR GOPALKRISHNA B., IAS,
                           COMMISSIONER,
                           HUBLI DHARWAD MPL. CORPORATION (HDMC),
                           SIR SIDDAPPA KAMBLI ROAD,
                           HUBBALLI-580020.
                      2.   SHRI ANAND KALLOLIKAR,
VISHAL                     DY. COMMISSIONER (ADMIN.),
NINGAPPA                   HUBLI DHARWAD MPL. CORPN. (HDMC),
PATTIHAL
                           SIR SIDDAPPA KAMBLI ROAD,
Digitally signed by
VISHAL NINGAPPA            HUBBALLI-580020.
PATTIHAL
Date: 2023.01.07                                                  ... ACCUSED
11:02:46 -0800


                      (BY SRI. G.I. GACHICHINAMATH, ADVOCATE FOR A1 & A2)
                             -2-

                                    CCC No. 100290 of 2022




     THIS CCC IS FILED UNDER SECTIONS 11 & 12 OF THE
CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215
OF CONSTITUTION OF INDIA, 1950, PRAYING THIS HON'BLE
COURT BE PLEASED TO    INITIATE CONTEMPT PROCEEDINGS
AGAINST THE ALLEGED CONTEMNORS FOR WILFULLY AND
DELIBERATELY    DISOBEYING    THE   JUDGMENT   DATED
03.08.2022   OF   THE   HON'BLE   COURT   PASSED  IN
W.P.NO.101226/2022 (S-R).

     THIS CCC COMING ON FOR ORDERS,              THIS     DAY,
K.SOMASHEKAR. J., MADE THE FOLLOWING:

                         ORDER

1. The complainant, party-in-person namely

Shri Jayadev S/o. Rudrappa Kadappanavar and the

learned counsel Shri G.I. Gachichinamath for accused

Nos.1 & 2 are present before the Court physically.

2. The complainant, party-in-person expresses his

grievances with regard to the sufferings undergone by him

made deliberately by the bureaucrats in the rank of IAS.

The same has been specifically depicted in his contempt

proceedings initiated against the erring bureaucrats being

arrayed as accused. In paragraph Nos.6 & 7 of his

contempt proceedings, it is specifically stated with regard

to the "indifferent attitude" of respondent No.1 (accused

No.1), who is an IAS Officer and who represents "steel-

CCC No. 100290 of 2022

frame of administration in the Country" and who in theory

and in practice, ought to be the "epitome" of alacrity,

probity and sagacity in matters relating to "rule of law".

But his defiant conduct in this case is "repulsive" to say

the least. It is indeed deplorable "if salt loseth its fervor,

wherewith can it be salted?". It is evident that in the

pursuit of justice by aggrieved persons, only the Hon'ble

Court is the savior! The complainant, party-in-person

presses into service the consideration of paragraph Nos.6

& 7 of the contempt proceedings.

3. Learned counsel Shri G.I. Gachichinamath for

accused Nos.1 and 2 submits that the relief which has

accorded by the learned Single Judge in W.P.

No.101226/2022 has been complied with by the accused

Nos.1 and 2 and more so, there was a delay of three

months to comply with the said order passed by the

learned Single Judge. He further submits that though

there was a delay in complying with the order passed by

CCC No. 100290 of 2022

the learned Single Judge, the said delay is neither

intentional nor deliberate.

4. Though the action of the bureaucrats is to be

deprecated, however in view of the fact that the order of

the learned Single Judge in W.P. No.101226/2022 has

been complied with, it is deemed appropriate to close the

contempt proceedings. Accordingly, the contempt

proceedings have been closed.

Sd/-

JUDGE

Sd/-

JUDGE Vnp*