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2025 DAILYLAW 33792 (KAR)

N JAGADEESHA v. SRI S R UMASHANKAR

CCC/1112/2022 · 2025-04-07

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14747-DB CCC No. 1112 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH 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. 1112 OF 2022 BETWEEN: 1. N JAGADEESHA S/O M NARAYANAPPA AGED ABOUT 44 YEARS NO.54/B NEW NO.16 VENKATESHWARA COLONY 1ST CROSS, NEW THIPPASANDRA HAL III STAGE BANGALORE NORTH-560075. 2. KRISHNA MURTHY U SON OF LATE UGRAPPA AGED ABOUT 64 YEARS NO.16/1 9TH MAIN ROAD BENDRENAGAR, KADIRENAHALLI BANGALORE-560070. …COMPLAINANTS (BY SRI. PRABHUGOUD B TUMBIGI - ADVOCATE) AND: 1. SRI S R UMASHANKAR SECRETARY DEPARTMENT OF CO-OPERATION THE STATE OF KARNATAKA M S BUILDING DR B R AMBEDKAR VEEDHI BENGALURU-560001. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14747-DB CCC No. 1112 of 2022 2. N SAMPATH KUMAR S/O NANJUNDAPPA AGED ABOUT 74 YEARS KARNATAKA RAJYA SAVITHA SAMAJA HAVING ITS OFFICE AT NO.21 SAVITHA BHAVAN, 2ND CROSS JOURNALIST COLONY J C ROAD, BENGALURU-560002. ...ACCUSED 3. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION M.S.BUILDING DR.B.R.AMBEDKAR VEEDHI BENGALURU-560001. …PROFORMA RESPONDENT (BY SRI. V B SHIVAKUMAR – ADVOCATE FOR ACCUSED NO.2; SRI. HARISHA A S – AGA FOR ACCUSED NO.1 AND PROFORMA RESPONDENT NO.3) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE APPROPRIATE PROCEEDINGS AGAINST THE ACCUSED/S FOR THE WILLFUL DISOBEDIENCE AND CONTEMPT OF THE ORDER DATED 08.04.2022 MADE IN W.P.4234/2020 VIDE ANNEXURE-B AND PUNISH. THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T - 3 - NC: 2025:KHC:14747-DB CCC No. 1112 of 2022 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt petition is initiated by the complainants for disobedience of the order passed by the learned single Judge in W.P.No.4324/2020 (GM-RES) dated 08.04.2022. In the said writ petition, the learned single Judge had issued writ of mandamus directing the first respondent therein to consider the subject representation of the petitioners and appoint a responsible official organizing election to the Executive Committee of the respondent – Society within a period of three months. The fourth respondent – Society shall fully cooperate with preparatory work for and accomplishment of election process. 2. Learned counsel Sri Prabhugoud B Tumbigi for the complainants is present before the Court physically and forcefully submits for compliance of the directions issued in the writ petition by the respondents/accused. - 4 - NC: 2025:KHC:14747-DB CCC No. 1112 of 2022 3. Learned counsel Sri V.B.Shiva Kumar for Accused No.2 has submitted compliance affidavit of one Sri N.Sampath Kumar. The affidavit consists of paragraphs 1 to 5. In paragraph 4 of the affidavit it is stated that there is no willful disobedience of any of the orders or directions, as the Administrator was appointed at the hands of this Court, the Administrator took over the charge and he had the list of membership. The entire list of membership is handed over. It was the duty obligation of the Administrator to fix the dates for election, conduct the election by informing all and each of the members of the Karnataka Rajya Savitha Samaja. In paragraph 5 it is stated that on 23.09.2024 an order passed by the Authority, copy of which is enclosed, the election has not been conducted. However, in disobedience of the order of this Court, the Administrator continues to hold the position without conducting election. Further, it is stated that he has handed over the entire list of membership, bank account and the entire Karnataka Rajya Savitha Samaja to - 5 - NC: 2025:KHC:14747-DB CCC No. 1112 of 2022 the Administrator and it is the duty of the Administrator to comply with the orders passed by this Court. 4. Learned AGA for Accused No.1 and 3 submits that compliance affidavit has already been submitted on 21.10.2024 along with Annexures - R1 to R3. 5. Keeping in view the submission made by learned counsel for the parties and the compliance affidavits filed by the counsel for the accused and so also, Section 2(b) and Sections 11 and 12 of the Contempt of Courts Act, this contempt petition does not arise for consideration for taking action against the respondents/accused. Consequently, the contempt proceeding is hereby dropped. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE