Shri. Jayadev N Metgud vs The Executive Engineer / The ... on 19 April, 2022

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Karnataka High Court

Shri. Jayadev N Metgud vs The Executive Engineer / The ... on 19 April, 2022

Bench: S. Sunil Dutt Yadav

                            1


          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

       DATED THIS THE 19TH DAY OF APRIL, 2022
                        PRESENT

     THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

                          AND

      THE HON'BLE MRS.JUSTICE K.S. HEMALEKHA
                 CCC No.100082/2022

BETWEEN:
1. SHRI. JAYADEV N METGUD
    AGE. 66 YEARS, OCC. BUSINESS,
    R/O. NIJALING-KASTURA,
    PLOT NO.2366, SECTOR NO.11,
    FIRST CROSS, MAHANTESH NAGAR,
    BELAGAVI-590016
                                          ...COMPLAINANT
(BY SRI. SANTOSH PUJARI, ADVOCATE)
AND:
1.    THE EXECUTIVE ENGINEER /
      THE DEVELOPMENT OFFICER,
      KIADB, PLOT NO.7/B-3,
      B. K. KANGRALLI INDUSTRIAL AREA,
      OLD P.B. ROAD, BELAGAVI-590010
2.    THE CHIEF EXECUTIVE OFFICER AND
      EXECUTIVE MEMBER,
      KIADB, NO.14/3, II FLOOR,
      R.P. BUILDINGS, NRUPATHUNGA ROAD,
      BENGALURU-560001
                                          ...RESPONDENT'S
(BY SRI. P.N.HATTI, ADVOCATE)
     CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
CONSTITUTION OF INDIA,1950, PRAYING THIS HON BLE COURT
TO, PUNISH THE CONTEMNORS/ACCUSEDS FOR WILFULLY
DISOBEYING THE ORDER THE OF THIS HIGH COURT DTD.
                                    2

27/09/2021,       PASSED      IN       W.P.NO.100451/2021        VIDE
ANNEXURE-A.



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

                             ORDER

The petition was filed seeking punishment of contemnor for willfully deserving of the order dated 27.09.2021.

2. The learned Single Judge by order dated 27.09.2021 passed in WP No.100451/2021 has allowed the writ petition while directing consideration of grievance of the petitioner pursuant to the representation at Annexure- B and B1 dated 26.09.2019 and 20.01.2021 within a period of 3 months from the date of receipt of copy of the order. The counsel appearing for the contemnor has filed an affidavit dated 18.4.2020 and has also enclosed copy of the consideration of the representation. The said consideration is as per the order dated 11.04.2022 of the Karnataka Industrial Area Development Board. Though in the affidavit indulgence of the Court is sought for 3 condoning the delay in consideration, we are of the view that if the consideration were to be made within the time prescribed, question of the complainant filing the present petition would not arise which is a unnecessary exercise contributing to the docket explosion. It must also be noticed that the petition is filed on 05.03.2022 when the period of three months has expired way back as the order was obtained even by the complainant on 18.10.2021 after paying the charges as is noticed as per the facing sheet at Annexure-A which reveals that copy was ready for delivery on 13.10.2021. Accordingly, we are of the view that the delay in consideration cannot be condoned without imposing cost. The accused have to bear cost of Rs.2,000/- payable to the complainant.

3. Proceedings are dropped in light of the consideration of the representation of the petitioner. Contention of petitioner as regards to the validity of such consideration is kept open.

4. Compliance with the direction for payment of cost is to be made and reported to the Court.

Sd/-

JUDGE Sd/-

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