S.Sudheer Kumar, vs M Venkanna
2021 Latest Caselaw 734 Tel

Item No.53


     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                        AND
     THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                         C.A.No.14 OF 2018

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    The present contempt appeal is directed against the order dated

30.04.2018 passed by the learned Single Judge allowing C.C.No.2603

of 2017 filed by the respondent stating inter alia that the appellant had

not implemented the order dated 16.11.2017 passed in W.P.No.37349

of 2017 and four other connected writ petitions.

2. The sole plea taken by learned counsel for the appellant is that,

admittedly, the notification inviting applications from eligible

candidates for admission to B.Sc., (Hons/Agriculture) for the

academic year 2017-18 prescribed the last date for admission for

regular students as well as in-service candidates as 31.10.2017,

whereas the order came to be passed two weeks thereafter on

16.11.2017 by which time, the cut off date was over. Learned counsel

submits that in view of the fact that the prescribed date for admission

was over by 16.11.2017, the order passed by the learned Single Judge

in the captioned writ petition could not be implemented. He further

clarifies that the order dated 16.11.2017 was given effect to in the

very next academic year 2018-19.

3. Mr. Peeta Raman, learned counsel for the respondent/writ

petitioner concedes the aforesaid factual position and states that much

water had flown under the bridge by now. He does not intend to press

for execution of the order passed in the contempt proceedings,

wherein the appellant was sentenced to suffer simple imprisonment of

15 days for violating the order of the Court.

4. Having regard to the admitted factual position that reveals that

the order of the Court was passed on 16.11.2017, by which time the

cut off date for admissions was already over, we are of the opinion

that the present appeal can be disposed of while setting aside the order

of sentence imposed on the appellant.

5. The present appeal is accordingly allowed and disposed of

along with the pending applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 08.03.2021 Lrkm/pln