Karnataka High Court
K.N.Tilak Kumar vs Mr. Pratap Reddy on 7 September, 2023
Bench: Chief Justice Cj, Ksdj
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NC: 2023:KHC:32212-DB
CCC No. 390 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CIVIL CONTEMPT PETITION NO. 390 OF 2022
BETWEEN:
K.N.TILAK KUMAR,
S/O LATE K A NETTAKALLAPPA,
AGED ABOUT 68 YEARS,
R/A NO.173, SUBBARAMA CHETTY ROAD,
BASAVANAGUDI, BANGALORE-560 004.
...COMPLAINANT
(BY SRI. SUNDARA RAMAN M V.,ADVOCATE)
AND:
1. MR. PRATAP REDDY,
Digitally signed THE COMMISSIONER OF POLICE,
by SHARADA INFANTRY ROAD,
VANI B BANGALORE-560 001.
Location: HIGH
COURT OF
KARNATAKA 2. MR. M.N. ANUCHETH,
JOINT COMMISSIONER OF POLICE, TRAFFIC
NO.5, INFANTRY ROAD, TASKER TOWN,
BANGALORE-560 001.
3. MR. TUSHAR GIRI NATH
BRUHAT BENGALURU MAHANAGARA PALIKE,
N R SQUARE, HUDSON CIRCLE,
BANGALORE-560 002.
REPRESENTED BY ITS COMMISSIONER
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CCC No. 390 of 2022
4. MR. M.A. SALEEM
ASSISTANT COMMISSIONER OF POLICE, TRAFFIC
SOUTH DIVISION, SOUTHEND ROAD,
BASAVANAGUDI,
BANGALORE-560 004.
5. STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY
HOME DEPARTMENT, VIDHAN SOUDHA,
BENGALURU - 560 001.
...ACCUSED
(BY SRI.MILIND DANGE., ADDL. GOVERNMENT ADVOCATE;
SRI. K S MALLIKARJUNA REDDY., ADVOCATE FOR R3)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA AND UNDER SECTIONS 11 & 12 OF
THE CONTEMPT OF COURTS ACT,1971 PLEASED TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND
PUNISH THEM IN ACCORDANCE WITH LAW FOR WILFUL
DISOBEDIENCE OF THE JUDGMENT DATED 21.04.2021 PASSED
BY THIS HON BLE COURT IN WP NO.13736/2019 (ANNEXURE-
A)
THIS PETITION COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
On a grievance that the directions issued by this
Court vide order dated 21.04.2021 in W.P.No.13736/2019
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CCC No. 390 of 2022
are not followed and as such the Respondents/Accused
have committed willful disobedience of the said order, the
present Complaint of Contempt is filed.
2. It seems that when a copy of the Complaint
Contempt was served on the office of Addl. Government
Advocate, the Government swung into action immediately
and called for instructions. On these instructions, the
Compliance Affidavit is also filed by one of the responsible
Officers on behalf of the Respondent/Accused - State, i.e.,
Joint Commissioner of Police (Traffic). The details are
provided in the Compliance Affidavit about the due
compliance of directions. It is also submitted that the act
of monitoring is also undertaken by deploying necessary
personnel on routine basis.
3. Added, it is also stated in the Compliance
Affidavit that action is initiated against wrong doers i.e.,
the owners/drivers who have wrongly parked their
vehicles. It is also stated that the action for removal of
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CCC No. 390 of 2022
vehicles is also taken so as to ensure smooth flow of
traffic. It may not be out of place to refer to Paragraph
No.4 of the Affidavit wherein the statement is made in
respect of registration of cases for traffic violation; 772
traffic violation cases were booked in the year 2021, out
of which, 166 relate to No parking. In so far as the year
2022 is concerned, 857 traffic violation cases were booked
particularly on the Subbrama Chetty Road itself, of
which, 50 related to No parking. In the year 2023, till date
107 Cr.P.C. cases are registered out of which 2 related to
cases in Subbrama Chetty Road. The photographs are
also annexed to the Compliance Affidavit to show that
there is due monitoring by the officers concerned.
4. We accepting the submission of AGA and permit
the State Authorities to continue with monitoring act and
initiation of action against wrong doers. There is a due
compliance of the order of this Court, the Complaint of
Contempt is disposed off.
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CCC No. 390 of 2022
5. We appreciate the quick response of the
Government and its officials. We hope that in other
matters also, they do positively respond in future.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Bsv/
