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2025 DAILYLAW 11793 (KAR)

REKHA W/O RAJENDRA MANKARI v. THE STATE OF KARNATAKA AND ORS

CCC/200239/2024 · 2025-02-17

Rajesh Rai K, S Sunil Dutt Yadav

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC-K:1086-DB CCC No.200239 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE RAJESH RAI K CIVIL CONTEMPT PETITION NO.200239 OF 2024 BETWEEN: REKHA W/O RAJENDRA MANKARI AGE: 45 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O: AMBESANGAVI, TQ: BHALKI, DIST: BIDAR, NOW R/AT: H.NO.5-1-110 LOKHANDE GALLI, GUNJ AREA, BHALKI TOWN, DISTRICT BIDAR – 585 328. …COMPLAINANT (BY SRI K.M.GHATE, ADVOCATE) AND: 1. MR. PRABHULING KO KAVALIKATTI, I.A.S., THE STATE OF KARNATAKA THROUGH DIRECTOR OF MUNICIPAL ADMINISTRATION, M.S.BUILDING, VIDHANA VEEDHI, VIDHANA SOUDHA, BENGALURU – 560 001. 2. MR. SANGMESH KARBARI THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1086-DB CCC No.200239 of 2024 BHALKI, DIST: BIDAR – 585 328. 3. SMT. SUNITA W/O MAHADEV BULLA AGE: 42 YEARS, OCC: HOUSEHOLD, R/O: H.NO.5-111/2 LOKHANDE GALLI, GUNJ AREA, BHALKI TOWN, DIST: BIDAR – 585 328. 4. SMT. UMA W/O LATE SHIVAPUTRA BULLA AGE: 42 YEARS, OCC: HOUSEHOLD, R/O: H.NO.5-111/2 LOKHANDE GALLI, GUNJ AREA, BHALKI TOWN, DIST: BIDAR – 585 328. …ACCUSED / RESPONDENTS 5. THE STATE OF KARNATAKA THROUGH DIRECTOR OF MUNICIPAL ADMINISTRATION, M.S.BUILDING, VIDHANA VEEDHI, VIDHANA SOUDHA, BENGALURU – 560 001. …PERFORMA PARTY (BY SRI GOURISH S. KHASHAMPUR, ADVOCATE FOR R2; SRI R.J.BHUSARE, ADVOCATE FOR R3 AND R4 SRI MALLIKARJUN C. BASAREDDY, GOVT. ADVOCATE FOR R1 AND R5) THIS CCC IS FILED UNDER ARTICLE 215 R/W SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO REGISTER THE COMPLAINT AND ISSUE NOTICE CALLING UPON THE RESPONDENTS, WHY THEY SHOULD NOT BE DEALT WITH UNDER THE CONTEMPT OF COURTS ACT, 1971, HAVING DISOBEYED THE ORDER / DIRECTION PASSED BY THE LEARNED SINGLE JUDGE OF THIS COURT IN WRIT PETITION NO.200751/2024 DATED 23.04.2024 AND PUNISH THE RESPONDENTS AS PER LAW, TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS CCC COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:1086-DB CCC No.200239 of 2024 CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The learned Single Judge had disposed off writ petition directing the Chief Officer, Town Municipal Council, Bhalki to consider representations given by the complainant at Annexures-F, F1 and F2 within a period of three months and to pass appropriate orders. 2. The counsel appearing for the authority has filed a memo along with Joint Inspection Report and notice dated 10.02.2025. Though the counsel for the complainant submits that the manner of consideration is without application of mind and is contrary to the facts on record, that is the aspect left open for appropriate challenge. However, we are in consonance with the contention of the petitioner that the contempt proceedings ought to be treated with utmost seriousness and diligence - 4 - NC: 2025:KHC-K:1086-DB CCC No.200239 of 2024 as Court is seeking to uphold the majesty of the Court and the orders passed. Compliance even if done cannot be presented especially when there is delay by mere filing of a memo without explaining delay for consideration. The order of the learned Single Judge who had directed consideration within the period of three months from 23.04.2025, however memo for compliance is filed on 17.02.2025 with much delay. 3. In light of absence of any explanation regarding delay, though proceedings are dropped, the respondent No.2 to pay costs of Rs.2,500/- [Rupees Two Thousand Five Hundred Only] from personal funds to the High Court Legal Services Committee, Kalaburagi Bench. All contentions are kept open. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (RAJESH RAI K) JUDGE swk List No.: 1 Sl No.: 13 CT-VK