- 1 - NC: 2025:KHC-K:1543-DB CCC No. 200182 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO. 200182 OF 2024 BETWEEN: JAYASHREE W/O CHANDRAKANT REDDY, AGE: 45 YEARS, OCC: PEON, O/O: LAND DEVELOPMENT CO-OP OFFICE, KRISHNA CADA, BHIMARAYANAGUDI, TQ: SHAHAPUR, DIST: YADGIRI, R/O. H.NO. E-7/1, NEAR SHIVA TEMPLE, BHIMARAYANAGUDI, TQ: SHAHAPUR, DIST: YADAGIR – 585287. …COMPLAINANT (BY SRI S S HALALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA WATER RESOURCE DEPARTMENT, VIKASA SOUDHA, BANGALORE – 560001. REPRESENTED BY ITS SECRETARY. …PROFORMA PARTY 2. MR. SHIVAKUMAR BS CADA THE DIRECTOR, COMMAND BHAVAN COMPLEMENTARY BUILDING, 1ST FLOOR, DR. RAJAKUMAR ROAD, BANGALORE – 560010. 3. MR. G.G. PAWAR THE ADMINISTRATOR, Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1543-DB CCC No. 200182 of 2024 CADA, UPPER KRISHNA PROJECT, BHEEMARAYANAGUDI, TQ: SHAHAPUR, DIST: YADAGIR – 585287. …ACCUSED (BY SRI MALLIKARJUN C. BASAREDDY, GA) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE RESPONDENTS/ ACCUSED FOR VIOLATING THE ORDER OF LEARNED SINGLE JUDGE DATED 01.10.2021 IN W.P. NO.201302/2018 (S-R) AND PUNISH THEM IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) This contempt petition is filed alleging willful disobedience of the order dated 01.10.2021 passed in W.P.No.201302/2018 by the learned Single Judge of this Court. The operative portion of the said order reads as under: “06. In that view of the matter, the writ petition is disposed off. The respondents shall pay interest to the petitioner at the rate of 12% p.a. from the date, the petitioner became entitled to the family pension, till the date of same was - 3 - NC: 2025:KHC-K:1543-DB CCC No. 200182 of 2024 released to the petitioner. This shall be complied within a period of three months from the date of receipt of a certified copy of this Order.“ [ 2. In this proceeding, the respondents have entered appearance and filed a detailed affidavit along with the relevant Government Orders and Circulars. The affidavit of Deputy Administrator Regular Chief Accounts Officer indicates that the respondents have considered the case of the complainant as directed by the learned Single Judge and the payment of interest of Rs.45,687/- from 01.06.2016 to 31.10.2019 is paid. The relevant paragraph i.e. paragraph No.16 of the affidavit reads as under: “16. It is submitted that, in pursuance of the said letter the Government passed the order on 15.10.2024 for payment of the amount of Rs.45,687/- to the complainant which includes the interest. The amount of Rs.45,687/- has been issued through cheque on 16.10.2024 but the complainant is refused to accept the same by the Respondent/accused. The copies of the said order and cheque are herewith produced and marked as ANNEXURE-R12 & R13.” - 4 - NC: 2025:KHC-K:1543-DB CCC No. 200182 of 2024 3. Sri. S.S. Halalli, learned counsel appearing for the complainant submits that the respondent – authorities have understood the order of the learned Single Judge incorrectly. It is submitted that similarly placed persons have approached this Court in W.P.Nos.2604/1999, 24368/2002, 26581/1998 and 32976-77/2000, wherein this Court has considered this aspect and come to the conclusion that Rule 5(2) of the Karnataka Command Area Development Rules, 1980, is applicable and if the said rule is made applicable to the case on hand, the complainant is entitled for interest from the date of death of the employee i.e., 07.07.1998. 4. The aforesaid submission cannot be considered in the present contempt proceedings as the scope of the contempt petition being very limited. This Court is required to see whether the order of the learned Single Judge has been substantially complied with or not. We have also perused the Government Order dated 01.06.2016 placed by the learned Government Advocate - 5 - NC: 2025:KHC-K:1543-DB CCC No. 200182 of 2024 and the affidavit filed, we are of the prima-facie opinion that the respondent – authorities have substantially complied with the order and paid the interest as directed by the learned Single Judge. 5. In view of the same, the present contempt proceedings are closed, with the liberty to the complainant to challenge the action of the respondents, if so advised and if the complainant feels that he is entitled for interest from 07.07.1998 in accordance with law. 6. With the aforesaid liberty, the contempt proceedings are closed. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MCR List No.: 1 Sl No.: 10 CT: PS