Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 10557 (KAR)

SHARANEGOUDA MALIPATIL v. THE GOVERNMENT OF KARNATAKA

CCC/200118/2025 · 2025-06-27

K S Hemalekha, Mohammad Nawaz

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-K:3442-DB CCC No. 200118 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS. JUSTICE K S HEMALEKHA CIVIL CONTEMPT PETITION NO.200118 OF 2025 BETWEEN: SHARANEGOUDA MALI PATIL S/O GURUPADA GOUDA MALIPATIL, AGED ABOUT 56 YEARS, OCC: CONTRACTOR, HAVING RESIDENCE/PLACE OF BUSINESS IN WARD NO.-1, MAILAPUR ROAD, POST: MAILAPUR, TQ: GANGAVATI, DIST: KOPPAL, KARNATAKA. …COMPLAINANT (BY SRI. RAVIKIRAN P. PAWAR, ADVOCATE FOR COMPLAINANT) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION & AGRICULTURAL MARKETING DEPARTMENT, M.S. BUILDINGS, BANGALORE - 560 001. …PROFORMA PARTY Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3442-DB CCC No. 200118 of 2025 2. M. RAVICHANDRA THE SECRETARY, APMC SINDHANUR - 584 128, DISTRICT: RAICHUR. 3. SHIVANAND KAPASHI THE DIRECTOR, AGRICULTURAL MARKETING DEPARTMENT NO.16, 2ND RAJABHAVANA ROAD, P.B.NO.5309, BANGALORE - 560 001. 4. S. S. JAHAGIRDAR THE EXECUTIVE ENGINEER, MARKET DEVELOPMENT PROJECT(APMC), KALABURAGI DIVISION, NEW COTTON MARKET, APMC YARD, NEHRU GUNJ, KALABURAGI. PINCODE – 585 301. …ACCUSED (BY SRI. SHIVAKUMAR R. TENGLI, AGA FOR R1; SRI. MOGHA SUDHAKAR RAO, ADVOCATE FOR R2; R3 & R4 ARE SERVED) THIS CIVIL CONTEMPT PETITION IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 & 12 OF THE CONTEMPT OF COURT ACT 1975, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST ACCUSED NO.2 TO 4 FOR VIOLATION OF THE ORDER DATED 25TH NOVEMBER 2024 PASSED BY THIS HON’BLE COURT IN WP.NO.202909 OF 2024 PRODUCED AT ANNEXURE-A IN THE INTEREST OF JUSTICE. THIS CIVIL CONTEMPT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 20.06.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, MADE THE FOLLOWING. - 3 - HC-KAR NC: 2025:KHC-K:3442-DB CCC No. 200118 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS. JUSTICE K S HEMALEKHA CAV ORDER (PER: HON'BLE MRS. JUSTICE K S HEMALEKHA) This contempt petition is initiated against respondent Nos.2 to 4 for the willful disobedience of the order dated 25.11.2024, passed by this Court in W.P.No.202909/2024 wherein respondent Nos.2 to 4 were directed to address the grievances of the petitioner and consider the representations and pass appropriate orders in accordance with law, bearing in mind the judgment of this Court in M. Chiranjeevi’s case within a period of four weeks. 2. Heard the learned counsel appearing for the complainant, learned Additional Government Advocate for respondent No.1 as well as the learned counsel appearing for respondent/accused No.2. 3. The learned counsel for respondent No.2 submits that, in compliance with the said order, an - 4 - HC-KAR NC: 2025:KHC-K:3442-DB CCC No. 200118 of 2025 endorsement dated 15.01.2025 has been issued, and a memo of compliance is filed in this regard. 4. On the other hand, learned counsel for the complainant contends that the said order/endorsement dated 15.01.2025 is not in consonance with the direction issued by this Court in the aforementioned writ petition and the respondents have failed to consider/apply the ratio laid down in M. Chiranjeevi's case. 5. It is brought to the notice of this Court that the order/endorsement dated 15.01.2025 is the subject matter of a writ petition which is pending consideration. 6. Having heard the counsels on both sides, we are of the considered opinion that the issuance of endorsement dated 15.01.2025 constitutes compliance with the direction of this Court in W.P.No.202909/2024. Whether such compliance is legally adequate or in a true spirit of the directions, especially in light of M.Chiranjeevi’s judgment, is the matter of adjudication - 5 - HC-KAR NC: 2025:KHC-K:3442-DB CCC No. 200118 of 2025 in the pending writ proceedings and not within the limited scope of contempt. 7. In the above circumstances, this Court does not find any willful or deliberate disobedience of the order dated 25.11.2024 passed in W.P.No.202909/2024. 8. Accordingly, contempt proceedings are dropped, reserving liberty to the complainant to seek appropriate remedy in accordance with law. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (K S HEMALEKHA) JUDGE BL List No.: 1 Sl No.: 4