Karnataka High Court
Shri S A Chorage vs Sri Koushik Makerji, I A S on 2 January, 2014
Bench: N.K.Patil, Rathnakala
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 2ND DAY OF JANUARY, 2014
:PRESENT:
THE HON'BLE MR.JUSTICE N.K.PATIL
AND
THE HON'BLE MRS.JUSTICE RATHNAKALA
C.C.C. Nos. 2470-2500 of 2013 (Civil)
C/w. C.C.C. No.2439 of 2013
And 2440-2448 of 2013 (Civil)
IN C.C.C. Nos. 2470-2500 of 2013 (Civil)
Between:
1.Shri. S. A. Chorage,
S/o. Shri. Appasahaeb G Chorage,
Aged About 47 Years,
Plot No.111,
Jyothirmay Shahu Nagar,
B K Kangrali Road,
Belgaum-590 010
2.Shri N R Pateela
S/O Shri B Nijalingappa,
Aged About 47 Years,
No.1939/8,"Janani",
16th Cross,
Anjanaya Badavane,
Davanagere-577 04
3.Shri Girish K R
S/O Shri K Rudrappa,
Aged About 44 Years,
No.52, A Block, I Main,
2
4th Cross, J.H. Patel Extn.
Shimoga-577 2014.
4.Shri Dayanand S Hugar
S/O Shri Shivabasappa G Hugar,
Aged About 49 Years,
Plot No.107,Sector II,
Shivabasava Nagar,
Belgaum-590 010
5.Shri C P Halagalimath
S/O Patadayya,
Aged About 49 Years,
"Ishwar Krupa" K.H. Colony,
Hulkoti-582205
Taluk & Dist Gadag
6.Shri Nagaraj Abasaheb Desai
Aged About 45 Years,
Plot No.726,CTS No. 8350,
Sector No.5,Shrinagar,
N M Extension,
Belgaum-590 016
7.Shri S V Mathad
S/O Shri V S Mathad,
Aged About 44 Years,
Plot No.65,Omkar Nagar,
At Po:Shindolli,
Tq & Dist.
Belgaum-591124
8.Shri D V Badri
Aged About 49 Years,
M11 26,Adarash Nagar,
Near Ganesh Temple,
Bijapur
9.Shri L B Patil
Aged About 49 Years,
3
At P.O:Hole Alur,
Taluk-Ron
Dist:Gadag
10.Shri R S Bhupali
Plot No.2143,Sector No.9,
Malmaruthi Extension,
Belgaum-590 016
11.Shri K O Shekarappa
S/O Late Onkarappa K,
Aged About 43 Years,
I Main,II Cross,
H H Paten Exten.,
Shimoga-577 204
12.Shri R Shashidhara
Aged About 45 Years,
H.No.23,I "B" Main,
B-Sector,
Yelahanka New Town,
Bangalore
13.Shri Rajashekar S Akkathoti
C/O B P Hebbar,
Aged About 39 Years,
Bghyawanthi Nilaya,
Behind Guest House,
Kalyan Nagar,
At Po: Sindagi,
Taluk:Sindagi,
Bijapur Dist
14.Shri Mahadev D Nimbal
Aged About 42 Years,
At P.O: Tamba,
Taluk:Indi,
Bijapur Dist
4
15.Shri Gurappa S Putti
Aged About 42 Years,
C/O B R Nanamatti,
Adakigalli,
Jorapurpeth,
Bijapur-586 101
16.Shri Somshekhar S Chalakopp
Aged About 43 Years,
No.254,A/1,Murgod Road,
At P.O.Marakumbi,
Saudatti Taluk,
Belgaum Dist
17.Shri Amarayyaswami
S/O Amarayyaswami Hiremath,
Aged About 42 Years,
At:Nandhalli,Po:Yalagoal,
Jewargi Taluk,
Gulbarga Dist-585325
18.Shri Vivekanand S
S/O Shri Shanmukappa,
L Yaligar,
Aged About 41 Years,
No.48/2,B Shahu Nagar,
Behind Ganesh Temple
Belgaum-10
19.Shri Jayant A Chorage
Aged About 42 Years,
Plot No 111,"Yothirmay"
B.K. Kangrali Road,
Shahu Nagar,
Belgaum-590 010
20.Shri C N Savalgi
S/O Nagappa S Savalgi,
Aged About 46 Years
5
Banjara Nagar,
Opp:Mugulkodmath,
Sholapur Road,
Bijapur
21.Shri K M Kuligod
Aged About 46 Years,
Basawagalli,
Basavan Kudachi,
Belgaum-590 012
22.Shri A P Doddachannegowda
S/O Late Puttamadegowda,
Aged About 46 Years,
No.536/1,Karaswaval Road,
Vinayaka Badavane,
Near Chandradharshan,
Kalyan Mantap,
Mandya
23.Shri A V Krishna
S/O A Veeregowda,
Aged About 44 Years,
Sri Bhyraveshwara Krupa,
II Stage,Krishnanagara,
Pandavapura Town,
Pandavapura,
Mandya District
24.Shri M Ramesh
S/O Marigowda,
Aged About 46 Years,
C/O Nagasetty,3rd Cross,
Marigowda Layout,
Behind Andhra Mess,
Near Subbappa Godown,
Mandya
25.Sri V N Srinivas
S/O Narasimaiah,
6
Aged About 45 Years,
No.2746,4th Cross,
Ganolli Nagar,
Mandya
26.Shri S Adinarayana
S/O V Sanjeeva Setty,
Aged About 51 Years,
No.23,IV Stage,
T.K. Layout,
Mysore-570 023
27.Shri Prasanna Kumar V R
S/O Late T Ramegowda,
Aged About 47 Years,
No.296,Store Street,
Hunsur,
Mysore District
28.Shri Ravikumara
S/O Chowdegowda,
Aged About 45 Years,
Hosahundi Village,
Mandakal Post,
Mysore Taluk,
Mysore District
29.Shri D S Siddaiah
S/O Siddaiah,
Aged About 48 Years,
Spandana Architect,
SLV Building,V V Road,
Mandya 571 4125
30.Shri C Kumar
S/O Channegowda,
Aged About 46 Years,
Housing Board Colony,
Arakere,
Srirangapatna Taluk,
7
Mandya Dist-571 415
31.Sri V Krishna Kumar
S/O Veeraiah,
Aged About 37 Years,
Hitanahalli Koppal,
Kiragavaluhalli,
Malavalli Taluk,
Mandya District
... Complainants
(By Sri. S.V. Narasimhan, Advocate)
And :
1.Sri Koushik Makerji, I.A.S.,
Chief Secretary,
Government Of Karnataka,
Vidhan Soudha,
Bangalore-560 001
2.Sri Gurupadaswamy B G
Secretary,
Irrigation/Water Resources
Department,
Vikas Soudha,
Bangalore-560 001
... Accused
(By Sri. A.K. Vasanth, AGA for A1 & A2)
*******
These CCCs are filed under Sections 11 & 12 of the
Contempt of Court Act R/W Article 215 of the Constitution
of India, by the Complainants, praying to initiate contempt
of Court proceedings against the accused for willful
disobedience and committing contempt of the order dated
13/07/2012 passed in W.P.Nos. 4914-45/2011(S-KAT).
8
IN C.C.C. Nos.2439 of 2013
And 2440-2448 of 2013 (Civil)
Between:
1. Sri. G. Ravi,
S/o. G. Channabasappa,
Aged about 44 years,
MIG-5, Behind Head Post Office,
Channagiri Post Taluk,
Davanagere District-577 213.
2. Sri. L.H. Yogendrappa,
S/o. L. Hanumanthappa,
Aged about 48 years,
Rudrapura at post,
Channagiri Taluk,
Davanagere District-577 218.
3. Sri. H.R. Ramesha,
S/o. Ramaiah,
Aged about 43 years,
R/o. Amar Jyothi Nagar,
Opp. To Kannaiah Shetty Thota,
Behind Hemavathi Offices & Quarters,
Behind Ramakrishna Ashrama,
Kunigal Road, Maralur Post,
Tumkur-05.
4. Sri. Mallikarjuna.H.R,
S/o. Revappa.H,
Aged about 44 years,
Hirekogalur at post,
Channagiri Taluk,
Davanagere District-577 218.
5. Sri. Maharudrappa.H.B,
S/o. H. Basappa,
Aged about 48 years,
Channapura at Post,
9
Channagiri Taluk,
Davanagere District-577 218.
6. Sri. K.P. Maheshwarappa,
S/o. K. Parameswarappa,
Aged about 42 years,
Kakanur Post,
Channagiri Taluk,
Davanagere District-577 218.
7. Sri. E. Nagoji,
S/o. Eranna,
Aged about 50 years,
C/o. Bore Gowda,
Post Office Road,
No.244, Jyothi Nagar,
Sira,
Tumkur District-572 137.
8. Sri. D. Ranga Swamy,
S/o. Dasappa.K,
Aged about 48 years,
Kurubara Keri,
Santhebennur Post,
Channagiri Taluk,
Davanagere District-577 218.
9. Sri. D.B. Surya Prasad,
S/o. Bhasker D.N,
Aged about 43 years,
R/at. 2nd Cross,
B Block,
Gandhinagar,
Shimoga-577 201.
10. Sri. M.S. Murthy,
S/o. M.Shankaraiah,
Aged about 46 years,
R/o. Thippagondanahalli Post,
Channagiri Taluk,
10
Davanagere District-577 218.
...Complainants
(By Sri. Vighneshwar.S. Shastri, Advocate)
And:
1.Sri Koushik Mukharji, I.A.S.,
Chief Secretary,
Department of Personnel and
Administrative Reforms,
Vidhana Soudha,
Bangalore-560 001.
2.Sri. D. Satyamurthy,
Secretary,
Department of Irrigation,
M.S. Building,
Dr. Ambedkar Veedhi,
Bangalore-1.
3.Sri. Kapil Mohan.P,
Managing Director,
Krishna Bhagya Jala Nigama,
U.K.P. Alamatti,
Bijapur District-586 201.
...Accused
(By Sri. A.K. Vasanth, AGA for A1 to A3)
These CCCs are filed under Sections 11 & 12 of the
Contempt of Court Act by the Complainants, praying to
initiate contempt of Court proceedings against the accused
for disobeying the Order dated 13/07/2012 passed in
W.P.Nos. 41145-41158/2010(S-KAT).
These CCCs. coming on for Orders, this day,
N.K.PATIL J., made the following:
11
:O R D E R:
The complainants in these cases have sought to initiate contempt of Court proceedings against the accused for their willful disobedience of the order dated 13th July 2012, passed in W.P.Nos.4914-45/2011(S- KAT) & W.P. Nos. 41145-41158/2010(S-KAT).
2. Learned Additional Government Advocate appearing for Accused in these cases, at the outset, submitted that, the prayers sought by the complainants in these cases may not survive for consideration, at present. To substantiate the said submission, he submitted that, the Hon'ble Supreme Court of India has passed an order on I.A.Nos.2-54 in SLP (Civil) Nos.40058-40110/2012 and I.A.Nos.1-53 in SLP(Civil) Nos.38345-38397/2012, by extending time granted earlier by one more year and directed the State to complete the selection process within one year and it was made clear that no further application for extension of time shall be entertained and all the IAs are disposed 12 of accordingly. Therefore, in view of the time extended by the Hon'ble Supreme Court of India, the prayers sought by the complainants do not survive for consideration.
3. Per contra, learned counsel appearing for the complainants submitted that, the time extended by the Hon'ble Supreme Court of India, will not take away the rights of the complainants to redress their grievance and therefore, the matter requires consideration.
4. In the light of the submission made by learned counsel appearing for both the parties and after careful perusal of the order passed by the Hon'ble Supreme Court on 17/12/2013 on IA Nos.2-54/2013 in SLP (Civil) Nos.40058-40110/2012 and IA Nos.1-53 in SLP (Civil) Nos.38345-38397/2012, it is a fact that, time granted earlier has been extended by one more year and further directed the State to complete the selection processes within one year. Further, it has been made clear that no further application for extension of time 13 shall be entertained and accordingly, all the IAs were disposed of. Therefore, in view of extension of time by one year's by the Hon'ble Supreme Court as stated supra, these contempt petitions filed by the complainants are dropped, reserving liberty to the complainants, to revive these petitions, after expiry of time extended by the Hon'ble Supreme Court, if so advised or if need arises.
Learned Additional Government Advocate is permitted to file memo of appearance for Accused within four weeks.
Ordered accordingly.
SD/-
JUDGE SD/-
tsn* JUDGE