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High Court of Karnataka · body

2025 DAILYLAW 17372 (KAR)

SRI. VISHWANATH G v. MR. TUSHAR GIRI NATH

CCC/211/2024 · 2025-01-16

M I Arun

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:1561-DB CCC No. 211 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CCC NO. 211 OF 2024 (CIVIL) BETWEEN: 1. SRI. VISHWANATH G S/O LATE GUNDAPPA AGED ABOUT 46 YEARS TAX INSPECTOR OFFICE OF REVENUE OFFICER, BYATARAYANAPURA YELAHANKA, BBMP BANGALORE-560 063. 2. SRI NARAYANASWAMY H S/O LATE HANUMANTHAPPA AGED ABOUT 46 YEARS TAX INSPECTOR OFFICE OF REVENUE OFFICER, SARVAGNYANAGARA BBMP BANGALORE-560 005. 3. SRI NAGAPPA A S/O LATE ANKAPPA AGED ABOUT 52 YEARS TAX INSPECTOR OFFICE OF REVENUE OFFICER, Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1561-DB CCC No. 211 of 2024 BYATARAYANAPURA BBMP BANGALORE-560 024. 4. SRI.TEJAPRAKASH S/O LATE VEERABADRAIAH AGED ABOUT 46 YEARS TAX INSPECTOR OFFICE OF ARO BEGURU BBMP BANGALORE-560 068. 5. SRI.A.MURTHY S/O APPAIAH NAIDU AGED ABOUT 45 YEARS TAX INSPECTOR OFFICE OF ARO RAJARAJESHWARINAGAR BBMP, BANGALORE-560 098. 6. SRI.K.V.NARAYANASWAMY S/O LATE VENKATARAMANAPPA AGED ABOUT 47 YEARS TAX INSPECTOR OFFICE OF ARO UTTARAHALLI BBMP BANGALORE-560 061. 7. SRI.GOPALAKRISHNA S/O LAKSHMINARASIMAIAH AGED ABOUT 48 YEARS TAX INSPECTOR OFFICE OF ARO CHICKPET BBMP BANGALORE-560 053. - 3 - NC: 2025:KHC:1561-DB CCC No. 211 of 2024 8. SRI.N.RAMAKRISHNA S/O NARASIMAIAH AGED ABOUT 50 YEARS TAX INSPECTOR OFFICE OF ARO MALLESHWARAM BBMP BANGALORE-560 003. 9. SRI.M.RAMESH S/O MAHESHVARAPPA AGED ABOUT 55 YEARS TAX INSPECTOR OFFICE OF ARO SARVAGNANAGAR BBMP BANGALORE-560 005. 10. SRI.SUDARSHAN S/O LATE PILLAIAH AGED ABOUT 50 YEARS TAX INSPECTOR OFFICE OF ARO WHITEFIELD BBMP BANGALORE-560 066. …COMPLAINANTS (BY SRI. KESHAVA MURTHY B., ADVOCATE) AND: 1. MR. TUSHAR GIRI NATH THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE - 4 - NC: 2025:KHC:1561-DB CCC No. 211 of 2024 N.R.SQUARE BANGALORE-560 002. 2. DR. HARISH KUMAR K THE SPECIAL COMMISSIONER (ADMIN) BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 002. …ACCUSED THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST ACCUSED NOS.1 AND 2 HEREIN AND PUNISH THEM UNDER THE PROVISIONS OF THE CONTEMPT OF COURT ACT, FOR DISOBEDIENCE OF THE ORDER DATED 05.09.2023 PASSED BY THIS HON'BLE COURT IN WP NO.24317/2021(S-RES) IS SUBMITTED AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - NC: 2025:KHC:1561-DB CCC No. 211 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The directions in the order of learned Single Judge dated 05.09.2023 while disposing of Writ Petition No.24317 of 2021 are contained in paragraphs 11 to 15 which inter alia require the respondents to carry out necessary corrections in the seniority list by taking into consideration the date on which the petitioners were regularized. 2. While contempt is alleged in respect of the above directions, it is not possible for the Court to conclude at this stage that any of the respondents have committed contempt of Court, much less a willful contempt, in view that learned Single Judge has not prescribed any time limit for carrying out the corrections in the seniority list. 3. Therefore, the present contempt petition is not entertained. - 6 - NC: 2025:KHC:1561-DB CCC No. 211 of 2024 4. At the same time, the directions of the Court should not go uncomplied with. Therefore, it is directed that the competent authorities of the respondents shall take necessary steps to comply with the directions of the Court in the aforementioned order of learned Single Judge within eight weeks from the date of receipt of certified copy of this order. 5. The contempt petition is accordingly disposed of. It will be open for learned advocate for the petitioners to furnish a copy of this petition along with copy of this order to the counsel who normally appears before this Court on behalf of the respondents. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 1