Karnataka High Court
Bhagiratibai vs Bhartesh Kumar Jain And Ors on 5 December, 2023
Author: R.Devdas
Bench: R.Devdas
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NC: 2023:KHC-K:9028-DB
CCC No. 200141 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE C M JOSHI
CIVIL CONTEMPT PETITION NO.200141 OF 2023
BETWEEN:
BHAGIRATIBAI
W/O BANDEPPA
AGE 59 YEARS
OCC: AGRICULTURE
R/O VILLAGE NAUBAD
TQ: AND DIST: BIDAR
...COMPLAINANT
(BY SRI SHARANABASAPPA K. BABSHETTY, ADVOCATE)
Digitally signed by
VARSHA N
RASALKAR
AND:
Location: HIGH
COURT OF
KARNATAKA
1. BHARTESH KUMAR JAIN
DRM, SOUTH CENTRAL RAILWAY
RAIL NILAYAM, SAROJINI DEVI ROAD
SECUNDERABAD
TELANGANA - 500 025
2. RAMESH K. PATIL
EXECUTIVE ENGINEER, GESCOM
BIDAR - 585 401.
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NC: 2023:KHC-K:9028-DB
CCC No. 200141 of 2023
3. RAHUL PANDRE TUKARAM
MANAGING DIRECTOR
GESCOM, KALABURAGI - 585 101
...ACCUSED
(BY SRI SUDHEERSINGH R. VIJAPUR, DSGI FOR A/R-1;
SRI SUDARSHAN M., ADVOCATE FOR A/R2 AND A/R-3)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
CONTEMPT OF COURTS ACT-1971 READ WITH ARTICLE 215 OF
THE CONSTITUTION OF INDIA, PRAYING TO INITIATE
CONTEMPT OF COURT PROCEEDINGS AGAINST THE
ACCUSED/RESPONDENTS FOR DISOBEDIENCE AND
DISRESPECTING THE ORDER DATED 04.11.2022 PASSED BY
THIS HON'BLE COURT IN W.P.NO.202705/2022 VIDE
ANNEXURE-'A' TO THIS PETITION AND ANY OTHER ORDER OR
DIRECTION TO WHICH THIS HON'BLE COURT DEEMS FIT
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
R.DEVDAS J., MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
Learned Deputy Solicitor General of India appearing on behalf of the respondent No.1 has filed a memo dated 05.12.2023 along with certain documents including a -3- NC: 2023:KHC-K:9028-DB CCC No. 200141 of 2023 communication dated 04.02.2022 made by Chief Electrical Service Engineer (CESE) on behalf of the Principal Chief Electrical Engineer (PCEE) addressed to the complainant.
Learned Deputy Solicitor General of India would submit that in terms of the communication it is clear that the respondents have not utilized any portion of the property belonging to the complainant and therefore the question of granting compensation to the complainant would not arise. The learned Deputy Solicitor General of India would further submit that the directions issued by the learned Single Judge was to consider the representations dated 28.12.2021 and 05.01.2022 in the matter of granting compensation to the complainant and pass necessary orders within a period of six months.
2. In that view of the matter, it is submitted that the communication was already made on 04.02.2022 and therefore there is no contempt on the part of the respondents.
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NC: 2023:KHC-K:9028-DB CCC No. 200141 of 2023
3. Having regard to the statements made in the communication dated 04.02.2022, if the complainant is aggrieved of the same, it is open for the complainant to pursue her remedy in accordance with law.
The contempt proceedings stand dropped.
Sd/-
JUDGE Sd/-
JUDGE BL CT:VK List No.: 1 Sl No.: 29