Karnataka High Court
Sri. Jagadeesh Basappa Hosamani vs Sri. Rakesh Singh on 22 November, 2024
-1-
NC: 2024:KHC:47854-DB
CCC No. 351 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND 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. 351 OF 2024 (CIVIL)
BETWEEN:
1. SRI. JAGADEESH BASAPPA HOSAMANI,
S/O BASAPPA NAGAPPA HOSAMANI,
AGED ABOUT 56 YEARS,
ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA URBAN WATER SUPPLY AND
DRAINAGE BOARD SUB DIVISION,
GADAG, C/O A. JAIKUMAR,
VASUNDARA SKY SCAPE,
FF01, BLOCK-A, VALLABHANAGARA,
BIKAAJPURA, DODDALAKKASANDRA
KANAKAPURA ROAD,
BENGALURU-560095.
Digitally signed
by VALLI ...COMPLAINANT
MARIMUTHU (BY SRI BALARAJ A. C., ADVOCATE)
Location: High
Court of AND:
Karnataka
1. SRI. RAKESH SINGH,
SECRETARY TO GOVERNMENT,
DEPARTMENT OF URBAN DEVELOPMENT,
VIDHANA SOUDHA,
DR. B. R. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. SRI B. SHARATH,
MAJOR,
MANAGING DIRECTOR,
KARNATAKA URBAN WATER
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NC: 2024:KHC:47854-DB
CCC No. 351 of 2024
SUPPLY AND DRAINAGE BOARD,
No.6, 1ST STAGE,
1ST PHASE, BTM LAYOUT,
BANNERGHATTA MAIN ROAD,
BENGALURU-560029.
...ACCUSED
3. STATE OF KARNATAKA,
REP. BY ITS SECRETARY TO GOVERNMENT,
URBAN DEVELOPMENT DEPARMTENT,
BENGALURU-01.
...PROFORMA RESPONDENT
(BY SMT. PRAMODHINI KISHAN, AGA FOR A1 AND R3;
SMT. SUMANGALA GACHCHINAMATH, ADVOCATE FOR A2)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, BY THE COMPLAINANT PRAYING
TO INITIATE NECESSARY PROCEEDINGS AGAINST THE ACCUSED
FOR DISOBEYING THE ORDERS PASSED BY THIS HON'BLE
COURT IN W.P.No.5165/2022 DATED 09.11.2023 VIDE ANNEXURE-A
AND TO PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.
THIS CCC COMING ON FOR ORDERS THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE K.V. ARAVIND)
Heard learned advocate Mr. A.C. Balaraj for the complainant,
learned Additional Government Advocate Smt. Pramodhini Kishan
for respondent Nos.1 and 3 and learned advocate Smt. Sumangala
Gachchinamath for respondent No.2.
NC: 2024:KHC:47854-DB
2. This order brought in this contempt petition is the direction
in Writ Petition No.5165 of 2022 dated 09.11.2023.
3. Learned Single Judge issued direction to consider the
representation of the complainant in the context of a Government
order dated 17.10.2023.
4. Learned advocate appearing for the complainant submits
that the respondent authorities have breached the directions by its
non-compliance.
5. On service of notice, respondents have filed two affidavits.
Affidavit on behalf of respondent No.1 is affirmed by Secretary to
Government, Urban Development Department, Vikasa Soudha,
Bengaluru. The affidavit filed on behalf of respondent No.2 is
affirmed by the Managing Director, Karnataka Urban Water Supply
and Drainage Board, Bengaluru. The affidavits and the annexed
documents would immediately reflect that the proceedings were
initiated to finalize seniority in the cadre of Assistant Executive
Engineers. The recommendations were made vide communications
dated 17.10.2023 and 19.01.2024. Aggrieved persons have
impugned the above recommendations in Writ Petition No.4723 of
NC: 2024:KHC:47854-DB
2024. In the said writ petition, interim directions are issued
restraining respondent No.2-Board from taking cognizance of the
recommendations.
6. In light of the above aspects, the respondents have purged
the contempt. It cannot be said that the respondents have
breached the directions.
7. The contempt petition would not survive for further
consideration. Accordingly disposed of.
The complainant is at liberty to pursue his remedies as
available in law. This Court does not express any opinion on
merits.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
VBS
