SHRI CHANDRAKANTH Y TORAVI S/O YALLAPPA TORAVI v. PRIYANGA M
CCC/100095/2025 · 2025-03-25
C M Poonacha, S G Pandit
Contempt Petitionbody2025
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[ 2025 DAILYLAW 47241 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47241 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:5464-DB CCC No. 100095 of 2025
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO.100095 OF 2025 BETWEEN:
SHRI. CHANDRAKANTH Y. TORAVI S/O. YALLAPPA TORAVI, AGE. 49 YEARS, OCC. DRIVER CUM CONDUCTOR, ATHANI DEPOT, CHIKKODI DIVISION-591304, R/O. TIKOTA VILLAGE-586130, TAL. AND DIST. BELAGAVI. …COMPLAINANT (BY SRI RAGHUVEER SATTIGERI, ADVOCATE.)
AND:
1.
PRIYANGA M., THE MANAGING DIRECTOR, N.W.K.R.T.C., CENTRAL OFFICE, GOKUL ROAD, HUBLI-580030.
2.
VIVEKANANDA VISHWANDNYA, THE CHIEF TRAFFIC MANAGER, N.W.K.R.T.C., CENTRAL OFFICE, GOKUL ROAD, HUBLI-580030.
3.
S.G. MARIDEVARAMATH, THE DIVISIONAL CONTROLLER, N.W.K.R.T.C., CHIKKODI DIVISION, CHIKKODI-591201.
4.
VINOD S. AMMANNAGI, THE DEPOT MANAGER, N.W.K.R.T.C., ATHANI DEPOT-591304, CHIKKODI DIVISION, CHIKKODI. …ACCUSED
Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:5464-DB CCC No. 100095 of 2025
THIS CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING COMMITTED CONTEMPT BY WILLFUL DISOBEDIENCE OF THE INTERIM
ORDER DATED 13.01.2025 PASSED IN W.P.NO.100194/2025 BY THE SINGLE JUDGE, PRODUCED AT ANNEXURE-A, AND PUNISH THE ACCUSED, AND PASS SUITABLE ORDERS AS THIS COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTERESTS OF JUSTICE AND EQUITY.
THIS CONTEMPT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER IS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S G PANDIT) The complainant is before this Court under section 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, complaining disobedience of interim
order dated 13.01.2025 passed in W.P.No.100194/2025, by the learned single Judge, which reads as follows:
“Interim order of stay as prayed for, if the impugned order is not already given effect to.”
2. The petitioner was before this Court in the above stated writ petition questioning the order of transfer dated
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NC: 2025:KHC-D:5464-DB CCC No. 100095 of 2025
30.11.2024 (Annexure-A) transferring the petitioner/ complainant from Chikkodi Division to Khanapur, Belagavi Division. In pursuance to the order of transfer, in terms of Annexure-C dated 02.01.2025, the Divisional Controller of NWKRTC, Chikkodi Division, directed the Depot Manager to relieve the complainant as well as another person who are transferred. The writ petition was filed thereafter on 13.01.2025 and the above stated interim order was passed on the said day i.e., 13.01.2015. It is the complaint/ grievance of the complainant that in pursuance to interim
order, the complainant is not continued at Chikkodi Division and respondents/accused are not permitting the complainant to work in the place in which he was working prior to the
order of transfer, as such the accused have willfully disobeyed the interim order.
3. We have heard the learned counsel Sri Raghuveer Sattigeri, for the complainant and perused the entire contempt petition papers.
4. Upon hearing the learned counsel for the complainant and on perusal of the entire contempt petition
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NC: 2025:KHC-D:5464-DB CCC No. 100095 of 2025
papers, we are not satisfied to issue notice to the respondents/accused persons.
5. Admittedly transfer order is dated 30.11.2024. After nearly 45 days, the writ petition is filed before this Court on 13.01.2025. In pursuance to the order of transfer dated 30.11.2024, Annexure-C letter is issued to the Depot Manager directing him to relieve the transferred officials. The interim order is passed on 13.01.2025 granting stay as prayed for, if the impugned order is not already given effect to. In our considered opinion, the order of transfer dated 30.11.2024 is given effect to under Annexure-C relieving
order dated 02.01.2025. If the petitioner worked in the place in which he was working prior to the order of transfer, the question of not allowing the complainant to work in the said place would not arise. Moreover the writ petition is pending
consideration before the learned single Judge. The petitioner/complainant can urge all these contentions before the learned single Judge.
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NC: 2025:KHC-D:5464-DB CCC No. 100095 of 2025
6. We do not find any prima facie case for issuance of notice in this contempt petition. Accordingly the contempt petition is dismissed.
7. The pending interlocutory applications, if any, stand disposed of as they do not survive for consideration.
Sd/- (S G PANDIT) JUDGE
Sd/- (C.M. POONACHA) JUDGE
MRK CT: UMD. List No.: 1 Sl No.: 13