- 1 - HC-KAR NC: 2025:KHC:26621-DB CCC No. 170/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MRS. JUSTICE P SREE SUDHA CIVIL CONTEMPT PETITION NO.170/2023 BETWEEN: DAVANGERE SUGAR COMPANY LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMAPNIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.73/1, P.B.NO.312 SHAMNUR ROAD, DAVANGERE-577 004 REPRESENTED BY ITS AUTHORIZED SIGNATORY G. UMAPATHI S/O G. CHANNAPPA AGED ABOUT 73 YEARS. …COMPLAINANT (BY SRI. SHRIDHAR PRABHU, ADVOCATE) AND: 1. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF ENERGY GOVERNMENT OF KARNATAKA ROOM NO.236, 2ND FLOOR, VIKASA SOUDHA DR. B.R. AMEDKAR VEEDHI BENGALURU-560 001 MR. G. KUMAR NAIK, IAS. …ACCUSED NO.1 2. MR. G. KUMAR NAIK, IAS PRESENTLY WORKING AS THE CHAIRMAN OF ALL ESCOMS AND ADDITIONAL CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF ENERGY GOVERNMENT OF KARNATAKA Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26621-DB CCC No. 170/2023 ROOM NO.236, 2ND FLOOR VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001. …ACCUSED NO.2 3. MANAING DIRECTOR CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED NO.29, 80 FT ROAD VIJAYA NAGARA 2ND STAGE MYSURU-570 017 MR. JAYAVIBHAVA SWAMY, IAS. …ACCUSED NO.3 4. MR. JAYAVIBHAVA SWAMY, IAS PRESENTLY WORKING AS THE MANAGING DIRECTOR CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED NO.29, 80 FEET ROAD, VIJAYA NAGARA 2ND STAGE MYSURU-570 017. …ACCUSED NO.4 5. MANAGING DIRECTOR GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED GESCOM CORPORATE OFFICE STATION ROAD KALABURAGI-585 102 MR. RAHUL TUKARAM PANDVE IAS. …ACCUSED NO.5 6. MR. RAHUL TUKARAM PANDVE IAS PRESENTLY WORKING AS THE MANAGING DIRECTOR GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED GESCOM CORPORATE OFFICE STATION ROAD KALABURAGI-585 102. …ACCUSED NO.6 7. MANAGING DIRECTOR HUBLI ELECTRICITY SUPPLY COMPANY LIMITED P.B. ROAD, NAVANAGAR HUBBALLI-580 025 MS. BHARATHI D, IAS. …ACCUSED NO.7 - 3 - HC-KAR NC: 2025:KHC:26621-DB CCC No. 170/2023 8. MS. BHARATHI D, IAS PRESENTLY WORKING AS THE MANAGING DIRECTOR HUBLI ELECTRICITY SUPPLY COMPANY LIMITED P.B. ROAD, NAVANAGAR HUBBALLI-580 025. …ACCUSED NO.8 9. MANAGING DIRECTOR MANGALORE ELECTRICITY SUPPLY COMPANY LIMITED MESCOM BHAVANA CORPORATE OFFICE KAVOOR CROSS ROAD BEJAI, MANGALORE-575 004 MR. PRASHANTH KUMAR MISHRA IAS. …ACCUSED NO.9 10. MR. PRASHANTH KUMAR MISHRA IAS PRESENTLY WORKING AS THE MANAGING DIRECTOR MESCOM BHAVANA KAVOOR CROSS ROAD, BEJAI MANGALURU-575 004. …ACCUSED NO.10 11. STATE OF KARNATAKA BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF ENERGY GOVERNMENT OF KARNATAKA ROOM NO.236, 2ND FLOOR VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU–560 001. …PROFORMA RESPONDENT NO.11 (BY SRI. S.S. NAGANAND, SENIOR COUNSEL FOR SMT. SUMANA NAGANAND, ADVOCATE FOR A3 TO A10; SMT. MAMATHA SHETTY, AGA FOR A1, A2 AND PROFORMA RESPONDENT NO.11) THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTION (B) OF SECTION 2 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INSTITUTE AN ENQUIRY AND INITIATE APPROPRIATE ACTIONS AGAINST THE ACCUSED FOR THEIR WILLFUL DISOBEDIENCE OF THE DIRECTIONS - 4 - HC-KAR NC: 2025:KHC:26621-DB CCC No. 170/2023 PASSED BY THIS HON’BLE COURT IN JUDGMENT DATED 08.07.2022 READ WITH ORDER DATED 20.07.2021 IN PASSED BY THIS COURT IN W.P.NO.322/2022 (GM-KEB) AND W.P.NO.6043/2021 (GM-KEB) RESPECTIVELY PRODUCED HEREIN AS ANNEXUE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL AND HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Heard learned Counsel for complainant, Sri S.S Naganand, learned Senior Counsel appearing for advocate on record for accused Nos.3 to 10 and learned AGA for accused Nos.1 and 2. 2. Learned Single Judge by the order which was allegedly willfully disobeyed has allowed the writ petition of the complainant in terms of the order in W.P.No.322/2022(GM- KEB) and connected matter. 3. Perusal of the said order shows that accused Nos.3 to 11 were directed to continue supplying contract up to 01.01.2022/16.02.2022. - 5 - HC-KAR NC: 2025:KHC:26621-DB CCC No. 170/2023 4. Compliance affidavit dated 04.01.2024 filed by accused No.3 states that upto 16.02.2022 payments are made. The same is not disputed by the complainant for more than one year. On 04.01.2024 complainant’s Counsel has sought adjournment on the ground that he will seek clarification from the learned Single Judge whether the respondents have to pay for a period from 17.02.2022 to 31.03.2022. So far nothing is done in that regard. Under the circumstances, reserving liberty to the complainant, complaint can be disposed of. 5. Sri S.S Naganand, learned Senior Counsel submits that if the learned Single Judge clarifies the order, that amounts to another cause of action. Therefore, this petition itself cannot be revived. 6. The order dated 04.01.2024 has stated that the complainant can move this matter on getting clarification. That order is not challenged or that order stands. Moreover, clarification, if any, made by learned Single Judge is beyond the scope of order dated 08.07.2022, it is open to the respondents to urge the same in defence. Under the aforesaid facts and circumstances, reserving liberty to the complainant to revive - 6 - HC-KAR NC: 2025:KHC:26621-DB CCC No. 170/2023 this complaint if learned Single Judge issues any clarification to the order, the complaint is disposed of. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (P SREE SUDHA) JUDGE PKN List No.: 1 Sl No.: 14