Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:18919-DB CCC No.1045/2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO.1045/2023 BETWEEN:
SRI THAMMAIAH S/O MARILINGAIAH AGE 60 YEARS CLASS I CONTRACTOR R/O KAVANAPURA, RAMANAGAR DISTRICT-RAMANAGARA – 562 159 …COMPLAINANT
(BY SRI. N.M.HANDRAL, ADVOCATE) AND:
1.
SRI MAHADEVAPPA THE EXECUTIVE ENGINEER (SPECIAL) PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT RAMANAGARA DIVISION, RAMANAGARA -562 159
2.
SRI SHIVAPRAKASH THE ASSISTANT EXECUTIVE ENGINEER PW P AND IWTD SUB DIVISION CHANNAPATNA, RAMANAGARA DISTRICT – 562 160
3.
SRI SHANKAR THE ASSISTANT ENGINEER PW PA AND IWTD SUB DIVISION CHANNAPATNA RAMANAGARA DISTRICT -562160
4.
PROFORMA RESPONDENT THE STATE OF KARNATAKA PUBLIC WORKS PORTS AND INLAND WATER
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:18919-DB CCC No.1045/2023
TRANSPORT DEPARTMENT M S BUILDING, BENGALURU -560001 REPRESENTED BY ITS SECRETARY …ACCUSED
(BY SMT.ARCHANA MURTHY.P., ADVOCATE A1 TO A3;
SMT.NAMITHA MAHESH, B.G., AGA FOR PROFORMA R4)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO PUNISH THE ACCUSED FOR THE OFFENCE OF CONTEMPT OF COURT IN NOT OBEYING THE
ORDER PASSED BY THIS COURT IN W.P.NO.1763/2023 DATED 06.06.2023 VIDE ANNEXURE-A AND PASS SUCH OTHER FURTHER ORDERS AS ARE JUST AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR FRAMING OF CHARGES, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)
Sri Shivaprasad, Assistant Executive Engineer is present.
2. This contempt petition is filed alleging willful disobedience of the order of the learned Single Judge dated 06.06.2023 passed in W.P.No.1763/2023. The operative portion of the order of the learned Single Judge reads as under:
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HC-KAR NC: 2025:KHC:18919-DB CCC No.1045/2023
“ In view of the above, Writ Petition is disposed off, all contentions having been kept open. Time for compliance is eight weeks. It is open to the answering respondent to solicit any information/documents from the side of the petitioner for due
consideration of his representation. However in the guise of such solicitation, no delay shall be brooked. Now, no costs.”
3. Respondent filed counter affidavit dated 06.03.2025 and thereafter memo of calculation dated
15.04.2025. Perusal of the affidavit and the memo of calculation indicate that the respondents-accused have paid Rs.8,95,793/- on 05.03.2024 to the complainant. It is specifically stated that the said payment is towards full and final settlement of the bills submitted by the complainant.
4.
Learned counsel for the complainant disputes the same and submits that still there are more dues. The said contention cannot be gone into in the present proceedings. We are of the considered view that there is a
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HC-KAR NC: 2025:KHC:18919-DB CCC No.1045/2023
substantial compliance of the order of the learned single Judge, hence the contempt proceedings are closed with liberty to the complainant to initiate appropriate proceedings against the respondents to recover the balance amount, if any, in accordance with law.
Sd/- (K.S.MUDAGAL) JUDGE
Sd/- (VIJAYKUMAR A. PATIL) JUDGE
AKC List No.: 1 Sl No.: 49