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Karnataka High Court

B. Shivappagowda vs Sri Vijayakumar Gogi Ifs on 21 December, 2020

Bench: Chief Justice, S Vishwajith Shetty

                         1



  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 21ST DAY OF DECEMBER, 2020

                      PRESENT

   THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE

                        AND

   THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

           C.C.C. NO. 483 OF 2020 (CIVIL)

BETWEEN:
1 . B. SHIVAPPAGOWDA
S/O H.T. BASAVEGOWDA
AGED ABOUT 55 YEARS
WORKING AS FOREST MOTIVATORS
SOCIAL FOREST (SF)
ARAKALAGUDU RANGE
HASSAN DISTRICT.

2 . NAGARAJU D S
S/O DASAPPA
AGED ABOUT 54 YEARS
WORKING AS FOREST MOTIVATORS
SOCIAL FOREST (SF)
HIRIYUR RANGE
HIRIYUR DISTRICT

3 . GOPALA S
S/O SEETHARAMAIAH
AGED ABOUT 50 YEARS
WORKING AS FOREST MOTIVATORS
SOCIAL FOREST (SF)
HOSADURGA RANGE
SHIVAMOGGA DISTRICT

4 . DAMODARA N NAYAKA
S/O N NAYAKA
AGED ABOUT 42 YEARS
WORKING AS FOREST MOTIVATORS
                           2


SOCIAL FOREST (SF)
HULAGE RANGE
SIDDAPURA TALUK,
SOUTH CANARA DISTRICT

5 . VENKATESH K NAYAKA
S/O KANNA NAYAKA
AGED ABOUT 43 YEARS
WORKING AS FOREST MOTIVATORS
SOCIAL FOREST (SF)
HULAGE RANGE,
SIDDAPURA TALUK,
SOUTH CANARA DISTRICT

6 . NEELA SHUKRAPA GOWDA GANAPAGOWDA
S/O SHUKRAPA GOWDA
GANAPAGOWDA
AGED ABOUT 49 YEARS
WORKING AS FOREST MOTIVATORS
SOCIAL FOREST (SF)
ANKOLA RANGE
SOUTH CANARA DISTRICT

7 . SMT. SHARADA
D/O TIMMAPPA HEGDE
AGED ABOUT 55 YEARS
WORKIGNAS FOREST MOTIVATORS
SOCIAL FOREST (SF)
SIRASI RANGE
SOUTH CANARA DISTRICT
                                 ... COMPLAINANTS
(BY SHRI NARAYANA S, ADVOCATE)

AND

1 . SRI VIJAYAKUMAR GOGI, IFS
PRINCIPAL SECRETARY
TO GOVERNMENT
DEPARTMENT OF FOREST,
ECOLOGY AND ENVIRONMENT
KGS, M S BUILDING
BANGALORE-560001.
                                     ... ACCUSED
                              3


2. STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOREST,
ECOLOGY AND ENVIRONMENT,
KGS, MSBVUILDING
BANGALOIRE-560 001.
                                    ... RESPONDENT No.2
                           (VIDE ORDER DATED 10.12.2020)

(BY SHRI B.V.KRISHNA, AGA FOR A-1 & R-2)
                            ---
      THIS C.C.C. IS FILED UNDER SECTIONS 11 AND 12

OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO

INITIATE APPROPRIATE ACTION AGAINST THE ACCUSED

FOR WILLFUL AND DELIBERATE DISOBEDIENCE OF THE

DIRECTIONS OF THIS COURT MADE IN W.P. NOS.6474-

6499/2018 ON 19.9.2019 (ANNEXURE-A), AND ETC.


      THIS   C.C.C.   COMING      ON   FOR   PRELIMINARY

HEARING THROUGH VIDEO CONFERENCING THIS DAY,

CHIEF JUSTICE MADE THE FOLLOWING:

                           ORDER

We have perused the affidavit filed by Srinivasan P.V., Under Secretary to the Government, Department of Forest, Ecology and Environment. The order of which breach is alleged, is complied with by the endorsement dated 25th August, 2020.

4

2. Thus, a belated compliance has been made. Hence, no case is made out to initiate action under the Contempt of Courts Act, 1971. The petition is disposed of. However, it will be open for the complainants to challenge the said endorsement in accordance with law.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE vgh*