- 1 - NC: 2025:KHC-D:37-DB CCC No.100126 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CIVIL CONTEMPT PETITION NO.100126 OF 2023 BETWEEN: SHRI. SHIVAJI SHETTEPPA GADIWADDAR, AGE. 65 YEARS, OCC. MASON, R/O. MADIHALLI-591309, TQ. HUKKERI, DIST. BELAGAVI. …COMPLAINANT (BY SMT. SHAILA BELLIKATTI, ADVOCATE) AND: 1. VANDITA SHARMA (CHIEF SECRETARY) THE STATE OF KARNATAKA, CHIEF SECRETARY OF KARNATAKA STATE GOVERNMENT, 3RD FLOOR VIDHANA SOUDHA, BENGALURU-560001. …ACCUSED 2. THE STATE OF KARNATAKA REPRESENTED BY AGA HIGH COURT OF KARNATAKA DHARWAD BENCH …PROFORMA RESPONDENT (BY SRI. PRAVEEN K. UPPAR, AGA) Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:37-DB CCC No.100126 of 2023 THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING COMMITTED CONTEMPT BY NOT COMPLYING THE DIRECTIONS ISSUED BY THIS HON’BLE COURT BY ORDER DATE 09-03-2022 IN W.P. NO.71383/2012 (LB-RES) BY THIS HON’BLE COURT AS PER ANNEXURE-A AND PUNISH THE ACCUSED AS PER LAW AND THIS HON’BLE COURT MAY KINDLY BE PLEASED TO ORDER TO COMPENSATE THE LOSS CAUSED TO COMPLAINANT IN THE INTEREST OF JUSTICE. THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:37-DB CCC No.100126 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The complainant, as canvassed by his learned counsel, Smt. Shaila Bellikatti, has initiated proceedings resulting in the Ombudsman’s order dated 20.04.2012, and because no action is taken pursuant to the Ombudsman’s recommendation vide such order, the Complainant has filed writ petition in W.P. No.71383/2012 for directions to initiate proceedings against the concerned delinquents as recommended by the ombudsman. 2. This writ petition in W.P. No.71383/2012 is disposed of by the Writ Court on 09.03.2022 quashing the Ombudsman’s direction to initiate civil proceedings for recovery of certain amount but observing that the State Government will be at liberty to consider the other recommendation of the ombudsman and pass necessary orders within a period of sixty [60] days. The complainant contends that the first respondent viz., the Chief Secretary of the Government of Karnataka must answer charges of - 4 - NC: 2025:KHC-D:37-DB CCC No.100126 of 2023 contempt because no decision is taken in terms of the liberty that is granted by this Court. 3. The Chief Executive Officer, Zilla Panchayat has filed affidavit to refute the allegations of deliberate violation. The Chief Executive Officer, in this affidavit, has referred to the proceedings prior to this Court’s order dated 09.03.2022 in stating that one of the delinquents in terms of the Ombudsman’s recommendation has deposited Rs.23,673/- [the concerned amount] way back in the year 2012, that the other delinquent, a clerk, has expired on 23.12.2020 and that the other delinquent, Chairman of Gram Panchayat concerned has completed his tenure. The Chief Executive Officer, in these circumstances, has communicated to the State Government that no further action is necessary. 4. These details were not placed before the Writ Court in W.P. No.71383/2012. However, with the details now placed on record and the Chief Executive Officer’s opinion, and because the complainant does not allege that a particular right in him is infringed resulting in any injury, - 5 - NC: 2025:KHC-D:37-DB CCC No.100126 of 2023 this Court is of the considered opinion that the proceedings must be closed, and the complaint stands closed accordingly. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 11