Karnataka High Court
Sri Shivalingegowda vs Sri Umashankar on 22 April, 2024
Bench: Chief Justice, Krishna S Dixit
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NC: 2024:KHC:16017-DB
CCC No. 377 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE KRISHNA S. DIXIT
CCC NO. 377 OF 2023 (CIVIL)
BETWEEN:
1. SRI SHIVALINGEGOWDA
S/O LATE LINGEGOWDA
AGED ABOUT 65 YEARS
RETIRED PEON
P.E.S. EVENING COLLEGE
MANDYA - 571 401
R/AT V.V. NAGARA
21ST CROSS
CHANNAL ROAD
KALLAHALLI
MANDYA - 571 401
Digitally signed by
VASANTHAKUMARY
BK 2. M S RAJANNA
Location: High Court
of Karnataka SINCE DECEASED
REPRESENTED BY HIS WIFE
SMT P SUNITHA
AGED ABOUT 64 YEARS
R/AT NO.1453
BEHIND SUBBAIAH GODOWN ROAD
CHAMUNDESHWARINAGAR
MANDYA - 571 401
...COMPLAINANTS
(BY SRI PADMANABHA R, ADVOCATE)
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NC: 2024:KHC:16017-DB
CCC No. 377 of 2023
AND:
1. SRI UMASHANKAR
PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING
BANGALORE - 560 001
2. SRI PRADEEP P
THE COMMISSIONER
COLLEGIATE EDUCATION DEPARTMENT
SESHADRI ROAD
BANGALORE - 560 001
3. SRI MALLESHAPPA
DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION
GOVERNMENT OF KARNATAKA
SHESHADRI ROAD
BENGALURU - 560 001
4. SRI R NARESH
THE ACCOUNTANT GENERAL IN
KARNATAKA (ENTITLEMENT & ACCOUNTS)
PARK HOUSE
BANGALORE - 560 001
...ACCUSED
5. STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING
BANGALORE - 560 001
...PRO FORMA
RESPONDENT
(BY SRI S S MAHENDRA, GOVERNMENT ADVOCATE)
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NC: 2024:KHC:16017-DB
CCC No. 377 of 2023
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT
PROCEEDINGS AGAINST ALL THE ACCUSED FOR HAVING
DELIBERATELY, WILLFULLY DISOBEYED THE ORDER DATED
31.01.2022 PASSED IN W.P.NO.724/2022 AS PER ANNEXURE-A AND
PUNISH THE ACCUSED IN ACCORDANCE WITH LAW BY ALLOWING
THIS CONTEMPT PETITION WITH EXEMPLARY COSTS.
THIS CCC COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
This contempt petition arises out of the order dated
31.01.2022 of learned Single Judge passed in Writ Petition No.724
of 2022.
2. The same order was considered by the Division Bench of this
Court in CCC No.1067 of 2023, in which the following order was
passed,
"This complaint of contempt alleges violation of a
learned Single's order dated 10.07.2015 whereby
the subject W.P.Nos.12613-12644/2015 came to be
disposed off with some direction to the Government
that related to payment of monetary benefits.
2. Learned Government Advocate Mr. S S
Mahendra appearing for the Respondent - Accused
submits that the substratum of the said judgments
having been taken away by Act No.7 of 2014, there
is no enforceable direction in all these matters. He
further submits that the vires of the said Act is being
examined by the Co-ordinate Bench of this Court.
He has also filed Compliance Affidavit stating that
NC: 2024:KHC:16017-DB
the disputed amount is already paid to the
complainants. So contending, he seeks dropping of
these proceedings.
3. Having heard the learned counsel for the
parties and having perused the petition papers, we
find a lot of force in the submission of learned
Additional Government Advocate appearing for the
State and therefore, we do not propose to take any
action in respect of alleged violation of the order of
the learned Single Judge, till the decision is taken
by the Co-ordinate Bench as to the validity of the
legislation in question. We are also told that in the
said pending matters, an interim order has also
been granted in favour of the State. Therefore, no
case is made out as to the willful disobedience of
the subject order.
With the above observations, these proceedings are
dropped. Liberty is reserved to the complainant to
seek their revival after & subject to the cases that
are pending before the Co-ordinate Bench."
3. The present contempt proceedings are disposed of in terms
of the aforesaid order of the Division Bench.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
BKV
