Karnataka High Court
Sri Lakshminarayana T M vs Sri B A Girish on 12 November, 2024
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NC: 2024:KHC:45896-DB
CCC No. 300 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH 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. 300 OF 2024 (CIVIL)
BETWEEN:
1. SRI LAKSHMINARAYANA T. M.,
S/O. SRI LATE MUDDARANGAPPA,
AGED ABOUT 61 YEARS,
R/AT NO.39, I.T.I. LAYOUT,
VIJAYANAPURA, (K.R.PURAM),
BENGALURU - 560 016.
2. SRI SAQIB JAMEEL
Digitally S/O. SRI M.I. JAMEEL,
signed by AGED ABOUT 43 YEARS,
PRABHAKAR
SWETHA R/AT NO.MF 3/5, BDA FLATS,
KRISHNAN
Location: BTM 2ND STAGE, BTM LAYOUT,
High Court of BANNERGHATTA ROAD,
Karnataka
BENGALURU - 560 076.
3. SRI PANEESHA C.S.,
S/O. SRI SATHYANARAYANA C. L.,
AGED ABOUT 56 YEARS,
R/AT NO.B-126, 3RD MAIN,
4TH CROSS, BHARATH NAGAR,
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CCC No. 300 of 2024
BEML NAGAR, KGF - 563 115.
4. SMT. SHANTHA @ SANTHA
W/O. SRI MANIKUTTY M.A.,
AGED ABOUT 77 YEARS,
R/AT NO.268, KARTHI NAGAR,
DODDANEKKUNDI,
BANGALORE - 560 037.
5. SRI BASANT KUMARA JHA
S/O. SRI LT. L. JHA,
AGED ABOUT 71 YEARS,
R/AT NO.B-1449,
SAHAKARNAGAR, BENGALURU - 560 092.
6. SMT. PRITIKA NARANG
D/O. LATE BHUSHAN NARANG,
AGED ABOUT 49 YEARS,
R/AT NO.93, 11TH CROSS,
INDIRANAGAR, IST STAGE, BENGALURU - 560 038.
7. SMT. RAJAKUMARI
W/O. SRI DESHAPREMAN Y.,
AGED ABOUT 64 YEARS,
R/AT NO.42, IST CROSS,
CHURCH STREET, T.C. PALYA,
K.R. PURAM,
BENGALURU - 560 036.
...COMPLAINANTS
(BY SRI RAJAYOGA, ADVOCATE FOR
SRI B. V. VIDYULATHA, ADVOCATE)
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NC: 2024:KHC:45896-DB
CCC No. 300 of 2024
AND:
1. SRI B. A. GIRISH
PANCHAYATH DEVELOPMENT OFFICER,
BENGALURU GRAMA PANCHAYATH,
JALA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 562 149.
...ACCUSED
2. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF RURAL DEVELOPMENT AND
PANCHAYATH RAJ,
VIKASA SOUDHA,
BENGALURU - 560 001.
...PRO FORMA RESPONDENT
(BY SRI B. J. SOMAYAJI, ADVOCATE FOR R1;
SRI M.N. SUDEV HEGDE, GOVERNMENT ADVOCATE FOR R2)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971, BY THE
COMPLAINANTS WHEREIN THEY PRAY THAT THE HON'BLE
COURT BE PLEASED TO INITIATE CONTEMPT OF COURT
PROCEEDINGS AGAINST THE ACCUSED HEREIN AND TO
TAKE SUITABLE ACTION FOR HIS WILLFUL VIOLATION OF
THE ORDER ON 30.08.2023 IN WP NOS.21660/2022 (LB-RES)
AND CONNECTED MATTERS AT ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CCC No. 300 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
This Court had an occasion to pass its order on
19.08.2024 as under,
"Following operative direction was passed by
learned Single Judge in the order dated 30.08.2024
which is subject matter of the present contempt
petition,
"The petitioners are permitted to file necessary
online application for issuance of e-katha by paying
prescribed fee as also submitting requisite documents
with respondent No.3 within a period of 15 days from
today which shall be considered by respondent No.3
and necessary orders be passed thereon either
accepting or rejecting the said applications by a
reasoned order within a period of 30 days thereafter in
terms of the provisions of the Karnataka Sakala
Services Act, 2011."
2. In response to the notice issued by this Court,
affidavit of compliance is filed by respondent No.1-
Panchayat Development Officer. Along with the
affidavit, as claimed, endorsement dated 31.07.2024 is
produced.
3. Since it is not reflected as to which authority
has passed the said endorsement, the Court asked
learned counsel appearing for the respondent, who said
it is by the Panchayat. There is nothing to indicate that
it is passed by the Panchayat.
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4. Therefore, the compliance affidavit and the
endorsement passed are rejected.
5. If the respondent is so inclined, he may pass
fresh endorsement with official nomenclatures within
one week failing which, the respondent shall be
exposed to aggravated form of contempt.
Stand over to 30.08.2024."
2. Today, when the proceedings came up for consideration,
learned advocate Mr. B.J. Somayaji for respondent No.1 invited
attention of the Court to the endorsement/order dated
22.08.2024 which is filed along with affidavit affirmed by the
Panchayat Development Officer, Bengaluru Grama Panchayat.
3. Accordingly, fresh order is passed and the authority who
has passed the order has also clearly indicated that the
directions are complied with.
4. It is not possible to exceed to the submission on part of
learned advocate Mr. Rajayoga for the petitioners that the
contempt of the Court still survives and that there is no
compliance. The contempt proceedings are liable to be closed.
5. However, it is observed that if the petitioners have any
grievance on the merits of the order/endorsement dated
22.08.2024, it will be open for the petitioners to institute
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independent proceedings to challenge the same in accordance
with law.
6. This Court does not express anything on merits about
such recourse.
7. The petition is disposed of accordingly.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
KPS
