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Karnataka High Court

Gurunath S/O Laxman Bijjaragi vs The General Manager on 27 October, 2023

Author: S.Sunil Dutt Yadav

Bench: S.Sunil Dutt Yadav

                                                   -1-
                                                   NC: 2023:KHC-D:12599-DB
                                                          CCC No. 100263 of 2023




                                   IN THE HIGH COURT OF KARNATAKA,

                                           DHARWAD BENCH

                               DATED THIS THE 27TH DAY OF OCTOBER, 2023

                                                PRESENT
                             THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
                                                  AND
                             THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                             CIVIL CONTEMPT PETITION NO. 100263 OF 2023

                        BETWEEN:

                        GURUNATH S/O. LAXMAN BIJJARAGI,
                        AGE: 64 YEARS, OCC: RETD. JEE HESCOM,
                        R/O. C/O. S. R. SAVANUR, YELAGUREH NILAYA,
                        2ND CROSS, NEAR DESAI BUILDING,
                        SAPTAPUR, DHARWAD-580001.
                                                                  ...COMPLAINANT
                        (BY SRI. V. P. VADAVI, ADVOCATE)

                        AND:

                        1.   THE GENERAL MANAGER,
                             (A AND HRD) HESCOM, CORPORATE OFFICE,
           Digitally
           signed by
           SHIVAKUMAR
SHIVAKUMAR HIREMATH
                             NAVANAGAR, P. B. ROAD, HUBBALLI-580025.
HIREMATH   Date:
           2023.11.02
           13:11:07
           +0530
                        2.   SUPERINTENDENT OF ENGINEER
                             ELECTRICAL VIJAYAPUR CIRCLE,
                             NEAR IBRAHIMPUR CIRCLE,
                             NEAR IBRAHIMPUR GATE VDA OFFICE,
                             JALANAGARA, VIJAYAPUR-586109.
                                                                       ...ACCUSED
                        (BY SRI. SRINIVAS B. NAIK, ADVOCATE)

                             THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
                        CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
                        CONSTITUTION OF INDIA, 1950, PLEASED TO EXERCISE ITS
                        JURISDICTION UNDER SECTION 12 OF THE CONTEMPT OF
                        COURTS ACT AND TO PUNISH THE ACCUSED FOR DISOBEYING
                               -2-
                              NC: 2023:KHC-D:12599-DB
                                      CCC No. 100263 of 2023




THE ORDER DATED 22/02/2023 PASSED BY THIS HON'BLE
COURT IN W.P.100775/2023 VIDE ANNEXURE-A.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
S.SUNIL DUTT YADAV, J., MADE THE FOLLOWING:

                           ORDER

Learned counsel Sri Srinivas B. Naik submits that he has filed vakalath for accused.

Office to show the name of Sri Srinivas B. Naik for accused.

Learned counsel appearing for the accused submits that in light of the direction issued by this Court in W.P.No.100775/2022 vide order dated 22.02.2023 for consideration of the representations at Annexures-F and G by the respondents therein within eight weeks, accused No.2 i.e., Superintendent Engineer, Electric Vijayapur Circle has filed affidavit stating that the order of this Court dated 22.02.2023 passed in W.P.No.100775/2022 has been complied with and has enclosed a copy of the order dated 13.10.2023, reflecting such consideration. -3-

NC: 2023:KHC-D:12599-DB CCC No. 100263 of 2023 Learned counsel for the accused submits that there has been consideration in light of the limited direction.

The delay in compliance is condoned in light of the reasons assigned in para 4 of the affidavit.

Accordingly, the present proceedings are dropped. Liberty is reserved to the complainant to take appropriate action against the order, if so aggrieved.

All contentions are kept open.

Sd/-

JUDGE Sd/-

JUDGE NAA List No.: 1 Sl No.: 12