Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 47966 (KAR)

ISHWARAPPA v. M.R SHIVARAMU

CCC/100205/2023 · 2025-06-09

K V Aravind, R Devdas

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:7414-DB CCC No. 100205 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND CIVIL CONTEMPT PETITION NO. 100205 OF 2023 BETWEEN: SHRI ISHWARAPPA S/O. FAKKIRAPPA BADNI AGE- 68 YEARS, OCC- SERVICE, NOW NIL, R/O. SAI NAGAR, HUBBALLI-580031. TQ. HUBBALLI, DIST. DHARWAD. …COMPLAINANT (BY SMT. SHAILA BELLIKATTI, ADVOCATE) AND: 1. M.R SHIVARAMU THE DIRECTOR OF PUBLIC INSTRUCTIONS (SECONDARY EDUCATION) K.R. CIRCLE, BENGALURU-560001. 2. LOHITHASHWA REDDY THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, BENGALURU NORTH DISTRICT, BENGALURU-560001. 3. SHRI S. RADHAKRISHNAN DAKSHIN BHARAT HINDI PRACHAR SABHA, REPRESENTED BY ITS SECRETARY KARNATAKA BRANCH, D.C. COMPOUND, DHARWAD-591126. …ACCUSED 4. THE STATE OF KARNATAKA REPRESENTED BY AGA HIGH COURT OF KARNATAKA DHARWAD BENCH. …PROFORMA RESPONDENT (BY SRI. PRAVEEN K. UPPAR, AGA FOR A1, A2 AND PROFORMA RESPONDENT; SRI. S.J. HIREMATH AND Ms. JOSHNA P. DHANAVE, ADVOCATES FOR A3) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.10 10:04:13 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7414-DB CCC No. 100205 of 2023 THIS CCC 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 NO.1 TO 4 FOR HAVING COMMITTED CONTEMPT BY NOT COMPLYING THE DIRECTIONS ISSUED BY THIS HON’BLE COURT BY ORDER DATED 01-03-2018 IN W.P.NO.108295/2014 (S-RES) PASSED 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 R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) The petitioner is complaining of the non-compliance of the order dated 01.03.2018 passed in W.P.No.108295/2014. 2. However, the incumbent Deputy Director of School Education, Bengaluru North District has filed an affidavit on 21.11.2024 along with copy of the order dated 18.05.2024. It is also stated in the affidavit that in compliance of the order passed by the learned Single Judge, the representation given by the petitioner has been - 3 - HC-KAR NC: 2025:KHC-D:7414-DB CCC No. 100205 of 2023 considered and accordingly, the endorsement dated 18.05.2024 has been issued to the petitioner. 3. Learned counsel for the petitioner however contends that the directions issued by the learned Single Judge was to consider the representation in the light of the decision of the Hon’ble Apex Court in the case of STATE OF BIHAR AND KRIPA NAND SINGH reported in (2014) 14 SCC 375 and a decision of this court in W.P.NO.102110/2016 (S-RES) DATED 28.07.2017. However, the endorsement does not reflect consideration of the said judgments of the Apex Court and this court. The learned counsel would therefore submit that liberty should be reserved to the petitioner to raise a challenge to the said endorsement dated 18.05.2024. 4. The submission of the learned counsel for the petitioner is placed on record. - 4 - HC-KAR NC: 2025:KHC-D:7414-DB CCC No. 100205 of 2023 5. Accordingly, the contempt petition stands closed while reserving liberty to the petitioner to raise a challenge to the fresh endorsement dated 18.05.2024. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 1