Karnataka High Court
Smt. Lakshmi vs Sri. Muniswamaiah, K.A.S., on 6 December, 2017
Bench: B.S Patil, Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2017
PRESENT
THE HON'BLE MR.JUSTICE B.S.PATIL
AND
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
C.C.C.NO. 1794/2017 (CIVIL)
BETWEEN
1. SMT.LAKSHMI
W/O N.PUSHPARAJ,
AGED ABOUT 55 YARS,
SECRETARY,
SRI. DHANALAKSHMI STORES,
MARKET ROAD,
MAHILA HARIJANA GIRIJANA VIVIDODDESHA SAHAKARA
SANGHA NIYAMITA,
GOWRI KALUVE, CHICKMAGALUR.
2. SRI N.P.VIJAYAKUMAR
S/O. N.PUSHPARAJ,
AGED ABOUT 32 YARS,
SECRETARY,
HARIJANA GIRIJANA VIVIDODDESHA SAHAKARA SANGHA
NIYAMITA, GOWRI KALUVE,
VIJAYAPURA GOVERNMENT FAIR PRICE DEPOT,
CHICKMAGALUR.
3. SRI. AMRUTHESH
S/O. LT CHANNAKESHAVA,
AGED ABOUT 26 YEARS,
PROPRIETOR,
2
SRI. CHANNAKESHAVA STORES
GOVERNMENT FAIR PRICE DEPOT,
VIJAYAPURA EXTENSION,
CHICKMAGALUR.
4. SMT. J.C.LEELA
W/O. SHIVU,
AGED ABOUT 49 YEARS,
MARULA SIDDESHWARA STORES,
PROPRIETOR,
GOVERNMENT FAIR PRICE DEPOT,
S.K.ROAD, CHICKMAGALUR.
5. SRI. A.R.SHARIEF
S/O. LATE. MOHAMMED SHARIEF,
AGED AOBUT 72 YEARS,
PROPRIETOR,
TARANATHA STORES
GOVERNMENT FAIR PRICE DEPOT,
SHANKARAPURA, CHICKMAGALUR
6. SRI. MURALI
S/O. GOPALAIAH,
AGED ABOUT 51 YEARS,
PROPRIETOR,
SRI. MARUTHI STORES, GOVERNMENT FAIR PRICE DEPOT,
CANARA BANK ROAD,
CHICKMAGALUR.
7. SRI. MANJU M
S/O. MAHALINGAM,
AGED ABOUT 35 YEARS,
SECRETARY,
I CARD FAIR PRICE DEPOT,
BASAVANAHALLI MAIN ROAD
CHICKMAGALUR.
8. SRI H.BALAJI
S/O LATE. HANUMAIAH,
AGED ABOUT 50 YEARS,
PROPRIETOR,
SRI. BALAJI STORES, GOVERNMENT FAIR PRICE DEPOT,
RAMANAHALLI,
CHICKMAGALUR.
9. SMT. M.LATHA
W/O. LATE. MANJUNATH,
3
AGED ABOUT 47 YEARS,
PROPRIETOR,
LATHA FAIR PRICE DEPOT, D K HALLI ,
CHICKMAGALUR.
10. SRI. R. MANJUNATH
S/OI. LATE. RAMU,
AGED ABOUT 38 YEARS,
PROPRIETOR,
SRI. MANJUNATHA STORES
GOVERNMENT FAIR PRICE DEPOT, TAMIL COLONY,
CHICKMAGALUR.
11. SRI. MOHAMMED AMMERUDDIN
S/O. LT. ABEEBUDDIN,
AGED ABOUT 47 YEARS,
PROPRIETOR,
THE NATIONAL STORES
GOVERNMENT FAIR PRICE DEPOT, S M ROAD
CHICKMAGALUR.
12. SRI. A.R.SHARIEF
S/O. LATE. MOHAMMED SHARIEF,
AGED ABOUT 72 YEARS,
PROPRIETOR,
BHARATHI STORES, GOVERNMENT FAIR PRICE DEPOT,
GOWRI KALUVE, CHICKMAGALUR
13. SMT. LAKSHMI
W/O. GOPI,
AGED ABOUT 52 YEARS,
PROPRIETOR,
SRI. LAKSHMI STORES, GOVERNMENT FAIR PRICE DEPOT,
MARKET ROAD, CHICKMAGALUR.
14. SMT. N.GAYATHRI
W/O. L.R.MOHAN,
AGED ABOUT 51 YEARS,
PROPRIETOR,
GAYATHRI STORES, GOVERNMENT FAIR PRICE DEPOT,
KOTE, CHICKMAGALUR.
15. SMT. N.GAYATHRI
W/O. L.R.MOHAN,
AGED ABOUT 51 YEARS,
PROPRIETOR,
VASANTH STORES,
4
GOVERNMENT FAIR PRICE DEPOT, KOTE,
CHICKMAGALUR.
16. SRI. MAHALINGAM
S/O. ANNAMALAI,
AGED ABOUT 60 YEARS,
PROPRIETOR,
SRI. MANJUNATH STORES,
OVERNMENT FAIR PRICE DEPOT,
HAKTHARAHALLI, CHICKMAGALUR.
17. SRI. VENKATA SHETTY
S/O. SAGANA SHETTY,
AGED ABOUT 55 YEARS,
MANAGER,
TAPCMS, SHANKARAPURA BRANCH,
CHICKMAGALUR
18. SRI. VENKATA SHETTY
S/O. SAGANA SHETTY,
AGED ABOUT 55 YEARS,
MANAGER,
TAPCMS, HANKARAPURA BRANCH,
CHICKMAGALUR.
19. SRI. VENKATA SHETTY
S/O. SAGANA SHETTY,
AGED ABOUT 55 YEARS,
MANAGER,
TAPCMS, KEMPANAHALLI BRANCH,
CHICKMAGALUR
20. SRI. VENKATA SHETTY
S/O. SAGANA SHETTY,
AGED ABOUT 55 YEARS,
MANAGER,
TAPCMS, DANTARAMAKKI BRANCH,
CHICKMAGALUR.
21. VENKATA SHETTY
S/O. SAGANA SHETTY,
AGED ABOUT 55 YEARS,
MANAGER,
TAPCMS, UPPALLI BRANCH,
CHICKMAGALUR.
5
22. VENKATA SHETTY
S/O. SAGANA SHETTY,
AGED ABOUT 55 YEARS,
MANAGER,
TAPCMS, KAIMARA BRANCH,
CHICKMAGALUR
23. VENKATA SHETTY
S/O. SAGANA SHETTY,
AGED ABOUT 55 YEARS,
MANAGER,
TAPCMS, AMBALE BRANCH,
RURAL, CHICKMAGALUR.
24. SRI. VENKATA SHETTY
S/O. SAGANA SHETTY,
AGED ABOUT 55 YEARS,
MANAGER,
TAPCMS, ARASINAGUPPE BRANCH,
RURAL, CHICKMAGALUR.
25. SRI. VENKATA SHETTY
S/O SAGANA SHETTY,
AGED ABOUT 55 YEARS,
MANAGER,
TAPCMS, MALLENAHALLI BRANCH,
RURAL, CHICKMAGALUR.
26. SRI. VENKATA SHETTY
S/O SAGANA SHETTY,
AGED ABOUT 55 YEARS,
MANAGER,
TAPCMS, THOGARI HANKAL BRANCH,
RURAL, CHICKMAGALUR.
27. SRI. H.S.PARAMESHWARA
S/O. SAGANAGIRI,
AGED ABOUT 55 YEARS,
CHIEF EXECUTIVE OFFICER,
PACS, HIREMAGALUR,
CHICKMAGALUR.
28. SRI. B.RAVI
S/O. BABU MUDALIAR,
AGED ABOUT 60 YEARS,
PROPRIETOR,
RAVI STORES,
6
GOVERNMENT FAIR PRICE DEPOT,
MARKET ROAD, CHICKMAGALUR.
29. SRI. SHANKARAN
S/O. PALANI,
AGED ABOUT 60 YEARS,
PROPRIETOR,
PADMAVATHI STORES,
GOVERNMENT FAIR PRICE DEPOT,
CHICKMAGALUR.
30. SRI. N.PUSHPARAJ
S/O. LATE NATARAJ,
AGED ABOUT 66 YEARS,
PROPRIETOR,
SRI. RAMA STORES,
GOVERNMENT FAIR PRICE DEPOT, GOWRI KALUVE,
CHICKMAGALUR.
31. SMT. LAKSHMI
W/O N.PUSHPARAJ,
AGED ABOUT 55 YEARS, SECRETARY,
MAHILA HARIJANA GIRIJANA VIVIDODDESHA SAHAKARA
SANGHA NIYAMITHA,
GOVERNMENT FAIR PRICE DEPARTMENT,
GOWRI KALUVE, CHICKMAGALUR
32. SMT. K.A.CHANDRAPRABHA DEVI
W/O LINGAMURTHY,
AGED ABOUT 56 YEARS,
SECRETARY,
MAHILA HARIJANA GIRIJANA VIVIDODDESHA SAHAKARA
SANGHA NIYAMITA,
MALLUNDUR ROAD, CHICKMAGALUR.
33. SRI. MURALI
S/O GOPALAIAH,
AGED ABOUT 51 YEARS,
PROPRIETOR,
HOSAMANE STORES, GOVERNMENT FAIR PRICE DEPOT,
HOSAMANE, CHICKMAGALUR
34. SRI. KRISHNARAJENDRA YUVAKA SANGHA (R)
BY ITS SECRETARY,
SRI. K N SATHISH S/O K S NINGAPPA,
AGED ABOUT 39 YEARS,
7
R/O ARVINDANAGAR
CHICKMAGALUR. ... COMPLAINANTS
(By Sri M.R.RAJAGOPAL, ADV.)
AND
SRI MUNISWAMAIAH, K.A.S.,
DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES,
D.C. OFFICE COMPOUND,
CHICKMAGALUR DISTRICT,
CHICKMAGALUR-577 101. ... ACCUSED
(By Sri D.NAGARAJ, AGA)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA, PRAYING THAT THE HON'BLE HIGH
COURT BE PLEASED TO INITIATE THE CONTEMPT PROCEEDINGS
AGAINST THE ACCUSED HEREIN FOR COMMITTING BREACH OF
THE ORDER DATED 23.05.2017 PASSED BY THIS HON'BLE COURT
IN W.P.NOS.21706-21741/17 AS PER ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
B.S.PATIL J, DELIVERED THE FOLLOWING:-
JUDGMENT
1. Learned Additional Government Advocate takes notice for respondent.
2. Violation of the interim order dated 23.05.2017 passed in W.P.Nos. 21706-21741/2017 is alleged in this contempt petition. Interim order grated reads as under: 8
"In the meanwhile, interim order of stay as prayed for is granted only insofar as the petitioners are concerned.
Note: As an interim relief, it is prayed to stay the operation and all further proceedings in furtherance to the Government order dated 13.04.2017 issued by the 2nd respondent bearing No.A.NA.SA.104 E.BHA.THA.2017 as per Annexure-D; the Government order dated 05/05/2017 No.A.NA.SA.114 DRA 2016 (Para-
2) issued by the 2nd respondent and the order dated 15.04.2017 issued by the 4th respondent bearing No.ASHA/3/CR/HAM/19/2016-17 as per Annexure-E and the order dated 11/05/2017 issued by the 5th respondent bearing No.ASHA/3/CR/HAM/19/2016-17 as per Annexure-G and further direct respondent No.5 to allot the essential commodities to the petitioner fair price depots without insisting installation of P.O.S. machines."
3. It is not in dispute that essential commodities have been released. Grievance made is that despite direction issued by this Court to respondent in writ petition to allot essential commodities to petitioners' fair price depots 9 without insisting for installation of P.O.S machines, respondent is insisting for installation of P.O.S. machines.
4. Respondent - Sri Muniswamaiah has filed an affidavit stating that he has not insisted for installation of P.O.S. machines. Learned Additional Government Advocate submits that Sri Muniswamaiah, is no longer working as Deputy Director of Food and Civil Supplies in Chickmagalur District and that another incumbent by name Sri Maheshwarappa has assumed charge. We are assured by the learned Additional Government Advocate that Sri Muniswamaiah - respondent would inform Sri Maheshwarappa about the grievance made in this contempt petition and apprise him of the fact that he is required not to insist for installation of P.O.S. machines.
5. In view of the assurance given and the affidavit filed we are satisfied that there is no need to proceed further in the matter. Hence, contempt proceedings are dropped making it clear that in case the present Deputy Director of 10 Food and Civil Supplies, Chickmagalur District insists for installation of P.O.S. machines in violation of the interim direction issued, complainant would be at liberty to revive this contempt petition.
6. Learned Additional Government Advocate is permitted to file memo of appearance for respondent within three weeks.
Sd/-
JUDGE Sd/-
JUDGE VP