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2025 DAILYLAW 35488 (KAR)

SRI PRASANNA SHET v. H BASAVARAJENDRA

CCC/1241/2024 · 2025-04-29

K V Aravind, N V Anjaria Cj

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Judgment text

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- 1 - NC: 2025:KHC:17827-DB CCC No. 1241 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND CCC NO. 1241 OF 2024 (CIVIL) BETWEEN: 1. SRI PRASANNA SHET S/O HUCCHARAYA SHET AGED ABOUT 41 YEARS R/AT No.139-2, CHANDRAGUTTI VILLAGE SORABA TALUK SHIVAMOGGA DISTRICT - 577 429 …COMPLAINANT (BY SMT. D.J. NIREEKSHA, ADVOCATE FOR SRI. H.R. SHOWRI, ADVOCATE) AND: 1. H. BASAVARAJENDRA S/O. HONNAPPA AGED ABOUT 56 YEARS THE MEMBER SECRETARY RAJYA DHARMIKA PARISHATH AND HINDU RELIGIOUS INSTITUTION AND CHARITABLE ENDOWMENTS DEPARTMENT SRI MONTO ANJANETA BHAVAN Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:17827-DB CCC No. 1241 of 2024 A.V. ROAD, CHARARAJPET BEGALURU - 560 018. …ACCUSED 2. STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY HINDU RELIGIOUS CHARITABLE ENDOWMENTS DEPARTMENT M. S. BUILDING DR. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001. ...PROFORMA RESPONDENT (BY SRI. HARISCHANDRA MOVVAR, ADVOCATE FOR R1 SRI. NAVEEN CHANDRASHEKAR, AGA FOR R2) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO INITIATE PROCEEDINGS FOR CONTEMPT OF COURT AGAINST THE ACCUSED HEREIN AND TAKE ACTION AGAINST THE ACCUSED AS PER LAW FOR HAVING DISOBEYED THE FINAL ORDER PASSED BY THIS HON'BLE COURT IN W.P.NO.29381/2023 DATED 11.03.2024 PRODUCED AT ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:17827-DB CCC No. 1241 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) On 24.04.2025, the following order was passed, "While disposing of the writ petition, learned Single Judge has passed the order dated 11.03.2024, wherein direction was issued to the Managing Committee to complete the inquiry against the petitioner regarding misappropriation of funds. It is this order which is brought under the contempt jurisdiction of this court. 2. Learned advocate Ms. D.J. Neereeksha for the complainant submitted that, it is specifically observed by learned Single Judge that inquiry should not be dragged to an extent that the committee would lose the term itself. 3. In other words, the direction to the committee is to complete the inquiry before its term comes to an end. 4. It is undisputedly stated that the term of the Managing Committee is due to expire on 23.05.2025. 5. Learned advocate Mr. M. Harischandra appearing for respondent No.1 stated in this regard that notice dated 22.04.2025 is already issued to the petitioner and in the said notice, it is stated that the inquiry is fixed on 02.05.2025. 6. Learned advocate for the complainant is justified in expressing the apprehension that since the term of the Managing Committee is going to expire in near future, the Committee is bound to act expeditiously to complete the inquiry. 7. Respondent No.1-Incumbent Member Secretary shall personally file affidavit on 29.04.2025 stating clear that - 4 - NC: 2025:KHC:17827-DB CCC No. 1241 of 2024 the inquiry would be completed in accordance with law before the expiry of the term of the Managing Committee. To be listed on 29.04.2025 at 2.30p.m." 2. When the contempt petition came up for consideration today, affidavit on behalf of the Member Secretary of Rajya Dharmika Parishath & the Commissioner for Karnataka Hindu Religious Institutions and Charitable Endowments has been filed today in which, it is stated that the inquiry would be completed and concluded on or before 23.05.2025 that is prior to the expiry of the term of the Managing Committee. 3. In view of the above statement which shall be abided by, nothing further survives in the present petition. It is disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE KPS List No.: 1 Sl No.: 140