Karnataka High Court
Karnataka State Khadi And Village ... vs The State Of Karnataka on 11 February, 2025
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NC: 2025:KHC:6030-DB
WA No. 993 of 2023
C/W CCC No. 547 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH
WRIT APPEAL NO. 993 OF 2023 (S-REG)
C/W
CIVIL CONTEMPT PETITION NO. 547 OF 2023
IN WA No. 993/2023 (S-REG)
BETWEEN:
KARNATAKA STATE KHADI AND VILLAGE
INDUSTRIES BOARD
KHADI BHAVAN,
NO.10, JASMA BHAVAN ROAD,
BENGALURU - 560 052.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
Digitally
signed by
NARAYANA ...APPELLANT
UMA
Location: (BY SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE)
HIGH
COURT OF AND:
KARNATAKA
1. THE STATE OF KARNATAKA
DEPARTMENT OF COMMERCE AND INDUSTRIES,
NO. 135, 1ST FLOOR,
VIKASA SOUDHA,
DR. B. R. AMBEDKAR ROAD,
BENGALURU - 560 001.
REP. BY ITS SECRETARY.
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WA No. 993 of 2023
C/W CCC No. 547 of 2023
2. SMT. G. E. SHANTHA
D/O. EARAIAH,
AGED ABOUT 57 YEARS
3. SRI. M. SADASHIVAPPA
S/O. LATE MALLAPPA,
AGED ABOUT 61 YEARS,
4. SRI. NINGARAJU
S/O. LATE JAVARAIAH,
AGED ABOUT 57 YEARS,
5. SRI. T. R. ANANDA RAO
S/O. LATE T. N. RANGAPPA,
AGED ABOUT 55 YEARS,
SL. NOS. 2 TO 5 ARE
WORKING AS 'D' GROUP EMPLOYEES IN
KHADI BOARD,
KHADI BHAVAN,
NO. 10, JASMA BHAVAN ROAD,
BENGALURU.
...RESPONDENTS
(BY SMT. SWETHA KRISHNAPPA, AGA FOR R1;
SRI. T A KARUMBAIAH, ADVOCATE FOR R2 TO R5)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ADMIT THIS WRIT APPEAL,
CALL FOR THE ENTIRE RECORDS FROM THE FILE OF THE
LEARNED SINGLE JUDGE IN WP No-1377/2020 (S-REG)
PERUSE THE SAME, HEAR THE PARTIES AND BE PLEASED TO
SET ASIDE THE IMPUGNED ORDER DATED 14.03.2023 PASSED
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NC: 2025:KHC:6030-DB
WA No. 993 of 2023
C/W CCC No. 547 of 2023
BY THE SINGLE JUDGE OF THIS HON'BLE COURT IN WP No-
1377/2020 (S-REG) AND DISMISS THE WP FILED BY THE
RESPONDENTS 2 TO 5 HEREIN.
IN CCC NO. 547/2023
BETWEEN:
1. G E SHANTHA
AGED 58 YEARS
D/O EARAIAH
2. M SADASHIVAPPA
AGED 60 YEARS
S/O LATE MALLAPPA
3. NINGARAJU
AGED 58 YEARS
S/O LATE JAVARAIAH
4. T R ANANDA RAO
AGED 56 YEARS
S/O LATE T N RANGAPPA
COMPLAINANTS ARE
WORKING AS 'D' GROUP EMPLOYEES
IN KHADI BOARD KHADI BHAVAN
NO.10, JASMA BHAVAN ROAD,
BANGALORE - 560 052.
...COMPLAINANTS
(BY SRI. TA KARUMBAIAH, ADVOCATE)
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WA No. 993 of 2023
C/W CCC No. 547 of 2023
AND:
1. BASAVARAJ
THE CHIEF EXECUTIVE OFFICER
KARNATAKA KHADI AND VILLAGE INDUSTRIES BOARD
KHADI BHAVAN NO 10,
JASMA BHAVAN ROAD,
BANGALORE - 560 002.
2. VCO DATED 04.08.2023,
ACCUSED NO.2 IS DELETED.
3. THE STATE OF KARNATAKA
DEPARTMENT OF COMMERCE AND INDUSTRIES
NO.135, 1ST FLOOR, VIDHANA SOUDHA
DR. B.R. AMBEDKAR ROAD
BENGALURU - 560 001.
REPRESENTED BY ITS SECRETARY
...ACCUSED
(BY SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE FOR A1;
SMT. SWETHA KRISHNAPPA, AGA FOR A3;
VIDE ORDER DATED 08.04.2023 A2 IS DELETED)
THIS CCC IS FILED UNDER SECTION 12 OF CONTEMPT
OF COURTS ACT, 1971, PLEASED TO INITIATE CONTEMPT
PROCEEDINGS AGAINST THE ACCUSED FOR HIS WILFUL
AND DELIBERATE DISOBEDIENCE OF THE ORDER DATED
14.03.2023 PASSED IN W.P.NO.1377/2020 AND PUNISH THE
ACCUSED IN ACCORDANCE WITH LAW.
THIS APPEAL AND PETITION, COMING ON FOR
PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
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WA No. 993 of 2023
C/W CCC No. 547 of 2023
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE S RACHAIAH
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
1. The challenge in this appeal is to an order dated
14.03.2023 passed by the learned Single Judge in W.P
No.1377/2020, whereby the learned Single Judge has
disposed of the writ petition by stating in paragraph No.4
of the impugned order as under:
"4. Having taken note of the dictum of the
Hon'ble Apex Court in the aforementioned
judgment, petitioners are permitted to approach
the respondent No.2-Board by way of
representation within two weeks from the date
of receipt of this order, seeking relief of
regularization. If such representation is made
by the petitioners, respondent No.2-Board shall
consider the said representation within an outer
limit of six weeks from the date of receipt of
such representation in the light of judgment of
Hon'ble Apex Court referred to above. With this
observation, writ petition stands disposed of."
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2. The learned counsel for appellant would submit that after
the impugned order has been passed, the appellant has
issued an endorsement dated 25.06.2024 whereby the
appellant-Board has rejected the representation made by
the respondents herein, namely, Mr.T.R.Anand Roa,
Mrs.G.E.Shanta, Mr.M.Sadashivappa and Mr.Ningaraju.
Appropriate for the respondents is to challenge this
endorsement issued by the appellant-Board.
3. The learned counsel for respondents No.2, 3, 4 and 5
states that he shall challenge the endorsement dated
25.06.2024 in accordance with law.
4. On this submission made by the learned counsel for
respondents No.2, 3, 4 and 5, the learned counsel for
appellant wishes to withdraw the appeal.
5. Accordingly, the appeal is dismissed as withdrawn.
6. Suffice to state all the contentions of respondents No.2,
3, 4 and 5 are left open to be urged in the petition which
the respondents intends to file.
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7. In view of the order in the appeal, the learned counsel for
petitioner in CCC No.547/2023 states that he shall not
press this contempt petition. The contempt petition is
dismissed as withdrawn.
Pending I.As. do not survive for consideration and the
same are also disposed of.
Sd/-
(V KAMESWAR RAO)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
UN
