- 1 - NC: 2025:KHC:9071-DB CCC No. 1101 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 1101 OF 2023 BETWEEN: SMT. SHASHIKALA, W/O H. JAGANNATHA, AGED ABOUT 50 YEARS, R/AT NO. MIG-22, KHB COLONY, HAROLLI EXTENSION, NEAR GOKUL COLLEGE KOLAR TOWN-563101. …COMPLAINANT (BY SRI CHOKKAREDDY, ADVOCATE) AND: 1. SRI. HARSHAVARDHAN - KAS, S/O FATHER NAME NOT KNOWN AGED ABOUT 48 YEARS, TAHSILDAR, KOLAR TALUK, KOLAR DISTRICT-563102. 2. STATE BY KARNATAKA, REPT. BY PRINCIPLE SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BANAGLORE-560001. …ACCUSED (V/C/O DT: 03.03.2025 SRI HARISHA A S AGA FOR A1 AND PROFORMA R2 (P/H)) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, WHERE IN HE PRAYS THAT THE HON’BLE COURT BE PLEASED TO TAKE COGNIZANCE OF THE CASE AGAINST THE ACCUSED AND Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9071-DB CCC No. 1101 of 2023 PUNISH HIM IN ACCORDANCE WITH LAW FOR CONTUMACIOUS ACT OF THE ACCUSED IN DISOBEYING THE ORDER OF THIS HON'BLE COURT PASSED IN W.P.NO.43889/2019 (KLR-RES) DATED 19.08.2021 AS PER ANNEXURE-A, WITH COST OF THE ABOVE PROCEEDINGS. THIS PETITION, 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 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt petition is filed by the complainant against the accused for willful disobedience of the order passed by the learned Single Judge WP.No.43889/2019 (KLR-RR/SUR) dated 19.08.2021 vide Annexure-A. 2. Learned counsel Sri Chokkareddy for complainant and learned AGA Sri Harisha A.S for accused No.1 and proforma respondent No.2 are present. Learned AGA shall accept notice for respondent Nos.1 and 2. 3. I.A.No.1/2023 is filed under Section 5 of the Limitation Act seeking condonation of delay of 355 days in filing the contempt petition. It is relevant to refer the - 3 - NC: 2025:KHC:9071-DB CCC No. 1101 of 2023 judgment rendered by the Hon’ble Supreme Court in S.Tirupati Rao vs. Lingamaiah reported in 2024 SCC OnLine SC 1764 wherein at paragraph No.53 it is observed as under: ‘53. Reverting to the point of limitation, even in case of a petition disclosing facts constituting contempt, which is civil in nature, the petitioner cannot choose a time convenient to him to approach the Court. The statute refers to a specific time limit of one year from the date of alleged contempt for proceedings to be initiated; meaning thereby, as laid down in Pallav Sheth (supra), that the action should be brought within a year, and not beyond, irrespective of when the proceedings to punish for contempt are actually initiated by the high court.’ 4. It is relevant to refer Section 20 of the Contempt of Courts Act, 1971 which reads as under: ‘20. Limitation for actions for contempt.— No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.’ 5. Learned AGA presses into service for consideration of the compliance affidavit dated 31.01.2024. - 4 - NC: 2025:KHC:9071-DB CCC No. 1101 of 2023 6. Keeping in view the submission made by the learned AGA and so also Section 20 of the Contempt of Courts Act as well as the reliance of the Hon’ble Supreme Court stated supra, there is no substance to consider I.A.1/2023 for condonation of delay. Accordingly, I.A.No. 1/2023 is dismissed. Further, this contempt proceeding does not survive for consideration to take action against the accused. Accordingly, the present contempt petition is hereby dropped. In the meanwhile, keeping in view the submission made by learned counsel for the complainant, liberty is granted as sought for in accordance with law. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RJ