Karnataka High Court
Shri.Rajkumar S/O Keshavrao Sulakhe vs Shri. J. Ravishankar on 6 February, 2023
Author: K.Somashekar
Bench: K.Somashekar
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CCC No. 100030 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
CIVIL CONTEMPT PETITION NO. 100030 OF 2021
BETWEEN:
1. SHRI.RAJKUMAR S/O KESHAVRAO SULAKHE
AGE. 55 YEARS, OCC. TAILORING,
R/O. BUDHAWAR PETH,
NEAR NATHPAI GARDEN,
TILAKWADI, BELAGAVI-590006
2. SHRI. MARUTI S/O. PARASHARAM KHANNUKAR
AGE. 59 YEARS, OCC. BUSINESS,
R/O. H. NO.746/2, INDIRA NAGAR,
ANGOL, BELAGAVI-590001
3. SHRI. MAHADEV S/O. KRISHNA BANDEKAR
R/BY HIS POWER OF ATTORNEY
SHRI. JAYARAM S/O. MAHADEV BANDEKAR
Digitally signed
by
AGE. 46 YEARS, OCC. LAUNDRY BUSINESS,
MOHANKUMAR
B SHELAR
B SHELAR
MOHANKUMAR Location: High
Court of
Karnataka,
Dharwad
R/O. H. NO.189, SHIVAJI COLONY,
Date:
2023.02.09
16:48:55 +0530
TILAKWADI, BELAGAVI-590006
4. SHRI. SHARAD R. KITTUR
AGE. 63 YEARS, OCC. MEDICAL STORE,
R/O. H. NO.133/C, MANGALWAR PETH,
TILAKWADI, BELAGAVI-590006
5. SHRI. PARAVEZ S/O. RASHID PATHAN
AGE. 50 YEARS,
OCC. CYCLE REPAIR SHOP,
R/O. H. NO.611, RAJHUNS GALLI,
ANGOL, BELAGAVI-590001
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CCC No. 100030 of 2021
6. SHRI. SHRINIVAS S/O. KAMALAKAR JAVALKAR
AGE. 74 YEARS,
OCC. TAILORING SHOP,
R/O. 2ND CROSS,
BHAGYA NAGAR,
OPP. B. K. HUKKERI'S CLINIC,
ANGOL, BELAGAVI-590001
7. SHRI. SHEKHAR S/O. A. SHETTY
AGE. 68 YEARS, OCC. BUSINESS,
R/O. H. NO.79/215, SUKHARWAR PETH,
TILAKWADI, BELAGAVI-590006
8. SHRI. CHANDRAKANT S/O. B. SHINDE
AGE. 56 YEARS,
OCC. VEGETABLE AND COCONUT BUSINESS,
R/O. PAPEHA MALA, NEW SHIVAJI COLONY,
TILAKWADI, BELAGAVI-590006
9. SHRI. ANIL S/O. SUKHADEV CHAVAN
AGE. 49 YEARS, OCC. HAIR CUTTING
SOLON / PARLOUR, R/O. H. NO.379/A,
MAHARSHI ROAD,
TILAKWADI, BELAGAVI-590006
10. SHRI. CHINDANAD M TALAWAR
AGE. 43 YEARS, OCC. VEGETABLE VENDING,
R/O. H. NO.190, JADHAV BUILDING,
SHIVAJI COLONY, TILAKAWADI,
BELAGAVI-590006
11. SHRI. PANDIT S/O. BUDDAJI GOULI
AGE. 59 YEARS, OCC. PAN SHOP,
R/O. CTS NO.218, SAI MANDIR ROAD,
SUKHARWAR PETH, TILAKAWADI,
BELAGAVI-590006
12. SMT. PRADNYA W/O. VIJAY SHANBAG
AGE. 46 YEARS, OCC. BUSINESS,
R/O. CTS NO.340, ROY ROAD,
DEVARSHI ROY ROAD,
TILAKAWADI, BELAGAVI-590006
13. SHRI. VIJAY S/O. KESHAV SHANBAG
AGE. 56 YEARS, OCC. BUSINESS,
R/O. CTS NO.340, ROY ROAD,
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CCC No. 100030 of 2021
DEVARSHI ROY ROAD,
TILAKAWADI, BELAGAVI-590006
14. SMT. ANUJA W/O. AMIT DESHPANDE
AGE. 36 YEARS, OCC. COSMETICS SHOP,
R/O. H. NO.433, SHANTI NIKETAN,
CONGRESS ROAD, TILAKAWADI,
BELAGAVI-590006
..COMPLAINANTS
(BY SRI. SMT SUNANDA P PATIL., ADVOCATE)
AND:
1. SHRI. J. RAVISHANKAR
PRINCIPAL SECRETARY,
HOUSING AND URBAN DEVELOPMENT,
DEPARTMENT, M.S. BUILDING,
BENGALURU-560001
2. SHRI. JAGADEESH K. H.
COMMISSIONER,
THE CORPORATION OF CITY
OF BELAGAVI, ASHOK NAGAR,
BELAGAVI-590001
TAL. AND DIST. BELAGAVI.
...ACCUSED
(BY SMT. K. VIDYAVATI, AAG FOR SRI. PRAVEEN K. UPPAR, HCGP
FOR ACCUSED NO.1.
. SRI. JAGADISH PATIL, ADV. FOR ACCUSED NO.2.)
THIS 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, I) INITIATE CONTEMPT PROCEEDINS AGAINST THE ACCUSED
PERSONS TRY AND PUNISH THEM FOR WILLFUL AND DELIBERATE
DIS-OBEDIENCE TO THE ORDERS PASSED BY THIS HON'BLE
COURT PASSED IN WP 146073-146077/2020 AND 146545-
146557/2020(LB) DATED 09.06.2020 PRODUCED AT ANNEXURE B
IN THE INTEREST OF JUSTICE AND EQUITY.
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CCC No. 100030 of 2021
THIS CCC COMING ON FOR ORDERS, THIS DAY,
K.SOMASHEKAR J., MADE THE FOLLOWING:
ORDER
The complainants have initiated this contempt proceedings against the accused for disobedience of the order dated 15.09.2022 passed by the learned Single Judge in Writ Petition No.103647/2017 c/w Writ Petition No.146073/2020.
2. At para 7 of the order, it reads as "Meanwhile, respondents are directed not to precipitate the matter till decision is taken on the said representations." However, it is submitted that, decision has been taken by the competent authority on 02.11.2022 and further process has been completed by the competent authority keeping in view the order passed by the learned Singe Judge in the aforesaid writ petitions.
3. Therefore, keeping in view the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971 including the concept of Article 215 of the Constitution of India and more so the representations have been considered by the competent authority and decision has been taken and -5- CCC No. 100030 of 2021 on the said decision of the competent authority, one more writ petition is also filed by the complainants/petitioners, which is based upon the submission made by the learned counsel for accused No.2 and also supported by the learned AAG for accused No.1, the contempt petition would not survive and moreover there is no substance in continuing this contempt proceedings by the complainants in seeking implementation of the order passed by the learned Single Judge even on the interim measures in terms of the interim order passed by this Court.
Accordingly, the contempt proceedings is dismissed as devoid of merits. In view of dismissal of the petition pending I.As., if any, also stand disposed of.
The learned counsel for the complainants is directed to file a memo for the purpose of reference in this appeal.
Sd/-
JUDGE Sd/-
JUDGE kmv