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2025 DAILYLAW 27690 (KAR)

SRI. RUDRESH v. SRI MAHANTESH BILAGI

CCC/665/2023 · 2025-01-24

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:3343-DB CCC No. 665 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.665 OF 2023 BETWEEN: SRI RUDRESH S/O. LATE RUDRAIAH S. B. AGED ABOUT 39 YEARS R/AT SEEGEPALYA DODDAMAVATTUR POST HULIYUR DURGA HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572 123. …COMPLAINANT (BY SMT. LATHASHREE D. L., ADVOCATE) AND: 1. SRI MAHANTESH BILAGI MANAGING DIRECTOR BESCOM, K. R. CIRCLE BENGALURU - 560 001. 2. SRI R. PURUSHOTHAM EXECUTIVE ENGINEER BESCOM, KUNIGAL DIVISION TUMKUR DISTRICT - 572 123. 3. SRI VEERABHADRACHAR ASSISTANT EXECUTIVE ENGINEER BESCOM HULIYUR DURGA SUB-DIVISION KUNIGAL TALUK …ACCUSED (BY SRI:H. V. DEVARAJU, ADVOCATE FOR A-1 TO A-3) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3343-DB CCC No. 665 of 2023 THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 11, AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHERE IN HE PRAYS TO INITIATE THE CONTEMPT PROCEEDINGS AND PUNISH THE ACCUSED FOR WILLFUL DISOBEDIENCE IN NON COMPLYING THE ORDER DATED 15.07.2022 PASSED BY THIS HON'BLE COURT IN W.P. NO.7476-2022. THIS CCC, COMING ON FOR PRELIMINARY HEARING, 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 is initiated by the complainant against the accused for disobedience of the order dated 15.07.2022 passed by learned Single Judge in W.P.No.7476/2022, whereunder the learned Single Judge disposed of the petition directing the Superintendent Engineer, Tumkur Circle, BESCOM to consider the representations in accordance with law within a period of two months from the date of receipt of the report from the Electrical Inspector as specified under Section 161 of the Indian Electricity Act. However, since said order was not complied, this contempt proceedings are filed. 2. Learned counsel, Smt. Lathshree D.L. for the complainant is present before the Court. - 3 - NC: 2025:KHC:3343-DB CCC No. 665 of 2023 3. Sri H.V. Devaraju, learned counsel for accused Nos.1 to 3 submits that the father of the complainant-deceased, a farmer, knowing fully well that electric lines were extended to the Peepal Tree by BESCOM, had cut the said tree and he died due to electrification. An compliance affidavit dated 25.03.2024 has been filed by the Executive Engineer(Ele) BESCOM, Kunigal Division, Tumakuru, whereunder at para 3, he has stated that on receipt of the certified copy of the order dated 15.07.2022, passed by this Hon'ble Court, the Superintending Engineer(Ele), secured the report from the Electrical Inspector and passed detail orders rejecting the claim of the complainant and issued an endorsement dated 12.10.2022 and copy of endorsement dated 12.10.2022 is produced at Annexure-R1. Hence, he submits that the present contempt does not survive for consideration. 4. Accordingly, in view of the compliance affidavit, the contempt proceedings are hereby dropped. In the mean-while, learned counsel for the complainant seeks liberty and liberty is granted as sought for. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 19