Sri. H.N. Mahadeva vs Sri. Shivanshu Rajput
2024 Latest Caselaw 26471 Kant

Karnataka High Court

Sri. H.N. Mahadeva vs Sri. Shivanshu Rajput on 6 November, 2024

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                                                NC: 2024:KHC:44641-DB
                                                  CCC No. 875 of 2024




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 6TH DAY OF NOVEMBER, 2024

                                   PRESENT

                  THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

                                      AND

                     THE HON'BLE MR JUSTICE K. V. ARAVIND

                           CCC NO. 875 OF 2024 (CIVIL)

           BETWEEN:
           1.   SRI H.N. MAHADEVA
                S/O NANJAIAH
                AGED ABOUT 55 YEARS
                R/AT AGARA VILLAGE
                KENGERI HOBLI
                BENGALURU SOUTH TALUK
                BENGALURU - 560 060
                                                         ...COMPLAINANT
           (BY SRI J.C. KUMAR, ADVOCATE)

           AND:
Digitally
signed by
AMBIKA H B 1.   SRI SHIVANSHU RAJPUT
                THE SUPERINTENDENT OF POLICE
Location:       CENTER FOR TERRORISM SUSPENSION
High Court      INTERNAL SECURITY DIVISION
of Karnataka    RICHMOND CIRCLE
                BENGALURU - 560 001
                                                     ...ACCUSED
           2.   THE STATE OF KARNATAKA
                REP. BY ITS SECRETARY
                DEPARTMENT OF HOME
                VIDHANA SOUDHA
                BENGALURU - 560 001

                                           ...PRO FORMA RESPONDENT
           (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
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                                             NC: 2024:KHC:44641-DB
                                               CCC No. 875 of 2024




      THIS CCC IS FILED UNDER SECTIONS 10 AND 12 OF THE
CONTEMPT OF COURT ACT, 1971, R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA PRAYING TO INITIATE CONTEMPT
PROCEEDINGS AGAINST THE ACCUSED NO.1 FOR HAVING
COMMITTED WILLFUL DISOBEDIENCE OF THE ORDER DATED
14.06.2023 PASSED IN APPEAL NO.194/2023 PENDING BEFORE
THE KARNATAKA APPELLATE TRIBUNAL AND PUNISH HIM AND
ALSO TO TAKE SUITABLE ACTION AGAINST HIM IN ACCORDANCE
WITH LAW.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N. V. ANJARIA
       and
       HON'BLE MR JUSTICE K. V. ARAVIND

                            ORAL ORDER

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Admittedly, the order which is brought under the contempt

jurisdiction of this Court dated 14.06.2023 is an interim order

whereby the order dated 21.09.2022 passed by respondent No.1 in

respect of the land in question is stayed by the Tribunal till the next

date.

2. By very nature of the order, it is interim and does not decide

the rights of the parties finally. The jurisdiction of the Court under

the Contempt of Courts Act, 1971 is not required to be exercised.

The proceedings are pending at large before the Karnataka

NC: 2024:KHC:44641-DB

Appellate Tribunal. The complainant may work out his rights and

remedies including in respect of the grievance about the alleged

breach of the order, before the tribunal in the pending proceedings.

3. Without expressing any opinion on merits, the contempt

petition is disposed as not entertained on the aforesaid ground

alone.

At this stage, learned advocate Mr. J.C. Kumar for the

complainant requested that the tribunal may be directed to dispose

of the matter at the earliest. The request is reasonable. It is open

for the complainant to request the Tribunal for early disposal of the

main proceedings.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE

AHB