Ujjappa Hiregoudar S/O Basappa vs Shree Rajeev Kher, on 18 June, 2014

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Karnataka High Court

Ujjappa Hiregoudar S/O Basappa vs Shree Rajeev Kher, on 18 June, 2014

Bench: K.Bhakthavatsala

                        :1:



         IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 18TH DAY OF JUNE 2014

                     PRESENT

     THE HON'BLE DR.JUSTICE K.BHAKTHAVATSALA

                       AND

 THE HON'BLE MR.JUSTICE PRADEEP D. WAINGANKAR


        C.C.C.No.100338-100340/2014 (CIVIL)


BETWEEN

1.   UJJAPPA HIREGOUDAR
     S/O BASAPPA,
     AGED ABOUT 52 YEARS,
     R/O BHUJANAGANAR
     TALUK SANDUR,
     DISTRICT BELLARY

2.   PAMPANNA DANAKANAKERI
     S/O KOTRAPPA,
     AGED ABOUT 34 YEARS,
     R/O BHUJANAGANAR,
     TALUK SANDUR,
     DISTRICT BELLARY

3.   NEELAMMA GOUDAR
     W/O BASAPPA
     AGED ABOUT 56 YEARS,
     R/O BHUJANAGANAR,
                          :2:



      TALUK: SANDUR,
      DISTRICT BELLARY         ..... COMPLAINANTS

(BY SRI MALLIKARJUNSWAMY B HIREMATH, ADV.)


AND

1.    SHREE RAJEEV KHER,
      SECRETARY,
      STATE OF KARNATAKA,
      DEPARTMENT OF INDUSTRIES AND
      COMMERCE,
      VIDHANA SOUDHA, BANGALORE

2.    M.B.DYABERI,
      KARNATAKA INDUSTRIAL AREA
      DEVELOPMENT BOARD,
      NRUPATHUNGA ROAD,
      BANGALORE,
      BY ITS EXECUTIVE OFFICER,

3.    SAMPGAV,
      THE SLAO,
      KARNATAKA INDUSTRIAL AREAS
      DEVELOPMENT BOARD,
      P.B. ROAD, DHARWAD

4.    VINOD NOWAL,
      GENERAL MANAGER,
      M/S J.S.W. STEEL TORANAGAL,
      TALUK SANDUR,
      DISTRICT BELLARY
                                      ..... ACCUSED
(BY SRI RAMESH N MISALE FOR A3
SRI V.M. SHEELAVANTH & SRI VINAY S KOUJALAGI,
ADVS. FOR A-4)
                              :3:




     MEMORANDUM OF CONTEMPT PETITION IS
FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, R/W.ARTICLE 215 OF
THE CONSTITUION OF INDIA, PRAYING TO PUNISH
THE ACCUSED FOR DISOBEYING THE ORDER DATED
18.04.2011 PASSED BY THIS HON'BLE COURT IN
W.P.NO.62709-62711/2011 (LA-KIADB).

     THIS PETITION COMING ON FOR ORDERS, THIS
DAY,   DR.K.BHAKTHAVATSALA,   J,  MADE   THE
FOLLOWING:

                        ORDER

Complainants are before this Court under Sections 11 and 12 of the Contempt of Courts Act, 1961 read with Article 215 of the Constitution of India praying to initiate contempt proceedings against the accused Nos.1 to 4 on account of disobedience of the interim order dated 18.04.2011 made in W.P.Nos.62709-62711/2011 at Annexure-B on the file of this Court.

2. Learned counsel for the complainants submits that in spite of communication of interim order :4: at Annexure-B to the accused, accused have laid railway line connecting the factory and thereby committed disobedience of the interim order. Therefore, he prays to initiate contempt proceedings against the accused.

3. Learned counsel appearing for accused Nos. 3 and 4 submits that the lands of the complainants were not acquired and there is no disobedience of the interim order at Annexure-B and there is no merit in the contempt petition.

4. Learned counsel for the complainants submits that the complainants have not brought to the notice of learned single Judge in the writ petition about the alleged disobedience of the order.

5. When an interim order is alleged to be disobeyed by the other side, the same shall be brought to notice of the learned single Judge for passing :5: appropriate orders. Accordingly, the contempt petition is disposed off with liberty to take such course of remedy as available in law before the learned single Judge.

Sd/-

JUDGE Sd/-

JUDGE Naa

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