Karnataka High Court
Ashfaq vs Yeshwanth V Gurukar Ias on 17 March, 2023
Author: Prasanna B. Varale
Bench: Prasanna B. Varale
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CCC No. 200081 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
CCC NO.200081 OF 2022 (CIVIL)
BETWEEN:
SRI ASHFAQ S/O FAKEER AHMED
AGED ABOUT 51 YEARS
R/O: H.NO.4-11-96
CHATTEWADI MAKTAMPURA
DIST: KALABURAGI
...COMPLAINANT
(BY SRI SHRAVANKUMAR MATH, ADVOCATE FOR
SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)
Digitally
signed by AND:
SWETA
KULKARNI
Location:
High Court
1. SRI. YESHWANTH V.GURUKAR IAS
of Karnataka THE DEPUTY COMMISSIONER
KALABURAGI
DIST: KALABURAGI-585 101
...ACCUSED
2. PRINCIPAL SECRETARY
REVENUE DEPARTMENT
M.S.BUILDING KR CIRCLE
BENGALORE-560 001
... PROFORMA PARTY
(BY SRI MALLIKARJUN C. BASAREDDY, GA FOR R1 & R2)
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CCC No. 200081 of 2022
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT
OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR
DISOBEDIENCE AND DISRESPECTING THE ORDER DATED
24.03.2021 IN W.P.NO.200679/2021 (KLR-CON), VIDE
ANNEXURE-A AND PASS SUCH OTHER ORDER AS THIS COURT
DEEMS FIT AND PROPER UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS CCC COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard the counsel Sri Shravankumar Math holding brief for Smt. Ratna N. Shivayogimath for the complainant.
2. Learned Single Judge vide order dated 24th March, 2021 allowed the writ petition whereby direction was issued to the respondent - Deputy Commissioner to accept the conversion fee and issue conversion certificate to the petitioner within stipulated period.
3. In response to notice, initially an affidavit was filed on behalf of the respondent Yeshwanth Gurukar S/o R. Vinaya Kumar, Deputy Commissioner, Kalaburagi. It -3- CCC No. 200081 of 2022 was submitted in the affidavit that pursuant to order of this Court, an application was filed on behalf of the complainant. On receipt of the application, the office of the Deputy Commissioner issued notice/intimation to the complainant dated 12.08.2022 calculating the conversion fees and accordingly intimation was issued to the complainant. It was stated in the affidavit that as soon the complainant pays the conversion fees and files an application in terms of the Government Order dated 21.09.2020 i.e., online application, the deponent will issue conversion certificate to the complainant. Then subsequently a memo was filed on 04.07.2022. The learned Government Advocate invited our attention to the memo and particularly the statement in the memo that the respondent had issued an endorsement to the complainant dated 12.08.2021 inviting the complainant to deposit the amount to the tune of `2,51,716/-, but the same was not deposited by the complainant. The copy of said endorsement is placed on record by annexing the same to -4- CCC No. 200081 of 2022 the memo. The complainant had filed an affidavit on the memo filed on behalf of the respondent.
4. It may not be necessary for us to refer to certain objections of the complainant in view of the fact that the respondent had filed an affidavit and memo submitting before this Court that the respondent is ready to issue conversion certificate, but as the complainant failed to deposit the conversion fees as well as not filed online application, the authority is unable to issue conversion certificate. The counsel for the complainant submitted before this Court that the complainant is ready to pay conversion charges but the insistence for filing online application by the respondent/accused is not in consonance with the order of this Court. We are unable to accept the submission of the learned counsel appearing for the complainant for the simple reason that the learned Single Judge only recorded the factual aspect, namely the application was filed by the complainant long back and then issued direction to the authority to accept the -5- CCC No. 200081 of 2022 conversion fee and issue conversion certificate to the complainant.
5. Now admittedly the State Government adopted a procedure of accepting only online application under the Government Order dated 2nd February, 2018. Introduction of the system of filing online application would only help the parties to have a transparency in the matter and an early disposal of the applications as well as avoiding the physical presence of the parties in the Government offices time and again. It is also stated in the affidavit in reply by the complainant that he is an old age person. Even accepting that the complainant may be a person in his advanced age, the complainant can certainly seek an assistance of somebody who is conversant with filing the applications by way of online procedure and submit his application to the authority concerned. The statement is made in the affidavit filed by the complainant in para-4 that he is ever ready to pay the conversion fee. The statement is accepted as an undertaking to this Court. -6- CCC No. 200081 of 2022
6. In our opinion, the contempt petition can be disposed of with a liberty to the complainant to file a fresh online application to the authorities within two weeks from today and to pay the conversion fees. On receipt of such online application as well as conversion fees, the respondent - Deputy Commissioner, Kalaburagi to issue the conversion certificate. As our direction would address and redress the grievance of the complainant, neither any further order is required to be passed in the contempt nor the contempt needs to be kept pending in this Court. As such, with the above directions, the contempt complaint is disposed of.
Notice is discharged.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE SWK,BL List No.: 1 Sl No.: 4