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2025 DAILYLAW 24920 (KAR)

MUNAWARA PASHA v. DR. RAJENDRA K.V.

CCC/523/2023 · 2025-04-03

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16033-DB CCC No. 523 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.523 OF 2023 BETWEEN: MUNAWARA PASHA S/O. ABDUL WAHEDB AGED ABOUT 59 YEARS AUTHORISED PERSON OF HALEEMA SADIYA EDUCATIONAL INSTITUTION AND MASJID E SIDDIQUE AKBAR TRUST OFFICE AT NO.1/2A 6TH CROSS, GAYATHRIPURAM 2ND STAGE (KYATHAMARANAHALLI MAIN ROAD) UDAYAGIRI MYSURU-570 019. …COMPLAINANT (BY SRI MOHAMMED TAHIR, ADVOCATE) AND: 1. DR. RAJENDRA K.V. DEPUTY COMMISSIONER D.C. OFFICE KRISHNARAJA BOULEVARD ROAD MYSURU-570 001. 2. STATE OF KARNATAKA SECRETARY TO GOVERNMENT HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. …ACCUSED (BY SRI PRADEEP C.S., A.A.G., ALONG WITH SMT. NAMITHA MAHESH, A.G.A.) * * * Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16033-DB CCC No. 523 of 2023 THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR NON-COMPLIANCE OF THE ORDER DATED 9-1-2023 PASSED IN WRIT PETITION NO.49775 OF 2019 (GM-POLICE) AT ANNEXURE-A. THIS CIVIL CONTEMPT PETITION IS COMING ON FOR HEAR BEFORE CHARGE, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceedings has been initiated against the accused for disobeying the order dated 9-1-2023 passed in Writ Petition No.49775 of 2019 (GM-POLICE), wherein the learned Single Judge disposed of the writ petition directing the complainant/petitioner therein to submit a detailed representation to the District Magistrate of Mysuru City Corporation. The District Magistrate shall obtain a report from the hands of the jurisdictional Police or the Commissioner of Police, Mysuru City and the Commissioner of Mysuru City Corporation and then pass appropriate orders, in accordance with law. While doing so, the District Magistrate shall look into the records in its entirety including the communication that are placed before this Court by the learned counsel appearing for - 3 - NC: 2025:KHC:16033-DB CCC No. 523 of 2023 the petitioner and it need be, summon documents from the hands of the petitioner for a resolution of the dispute. Action shall be taken in terms of the aforesaid observations within an outer limit of twelve weeks. 2. Sri Mohammed Tahir, learned counsel for the complainant, is physically present and submits that as per the writ order, on 24-1-2023, the complainant submitted the representation to the accused, i.e. Deputy Commissioner/District Magistrate, Mysuru with copies to Mysuru City Police Commissioner and Municipal Commissioner, Mysuru City Corporation. He further submits that though the District Commissioner, Mysuru, has filed a report, but the same has not been absolutely complied with the order passed by the learned Single Judge. Hence, he prays that the order dated 2-4-2025 passed by the District Commissioner, Mysuru, may be considered with liberty to challenge the same, if need arises. 3. Sri Pradeep C.S., Additional Advocate General, along with Smt. Namitha Mahesh, learned Additional Government Advocate for the accused, are physically present and submit a memo along with list of documents in relation to the order - 4 - NC: 2025:KHC:16033-DB CCC No. 523 of 2023 passed by the District Commissioner dated 2-4-2025, proceedings dated 1-4-2025, Attendance Register of officials dated 1-4-2025 and Attendance Register of general public dated 1-4-2025 and prays for consideration of the same. 4. Memo along with list of documents produced by the learned Additional Government Advocate for the accused is taken on record. 5. Keeping in view the provisions of law, status of the parties and the report submitted by the District Commissioner, Mysuru, the contempt petition is hereby dropped. Liberty, as sought for, is hereby granted in accordance with law. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 39