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2025 DAILYLAW 53246 (KAR)

ABDUL WAHID S/O ABDUL RAHIM v. SHRI SRIKAR MS I.A.S

CCC/100116/2024 · 2025-04-17

C M Poonacha, S G Pandit

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:6597-DB CCC No. 100116 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO.100116 OF 2024 BETWEEN: 1. ABDUL WAHID S/O. ABDUL RAHIM, AGE. 60 YEARS, OCC. ATTENDER, ANJUMAN DEGREE COLLEGE, BHATKAL, R/O. SAKINA COMPLEX, BHATKAL, TQ. BHAKTAL, DIST. UTTARA KANNADA. 2. MAQBOOB AHMED S/O. ABDUL SAMAD, AGE. 50 YEARS, OCC. ATTENDER, ANJUMAN DEGREE COLLEGE, BHATKAL, R/O. USMAN NAGAR, 1ST CROSS, BHATKAL, TQ. BHATKAL, DIST. UTTARA KANNADA. …COMPLAINANTS (BY SRI A.S. PATIL, ADVOCATE.) AND: 1. SHRI. SRIKAR M.S., I.A.S., AGE. MAJOR, OCC. SECRETARY, TO THE STATE OF KARNATAKA, THE DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, BENGALURU-560001. 2. SHRI. JAGADEESHA G., I.A.S., AGE. MAJOR, OCC. COMMISSIONER, COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU-560001. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6597-DB CCC No. 100116 of 2024 3. DR. S.B. APPAJI GOWDA, AGE. MAJOR, OCC. DIRECTOR, COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU-560001. 4. DR. RAMEGOWDA M., AGE. MAJOR, OCC. REGIONAL JOINT DIRECTOR, COLLEGIATE EDUCATION, MINI VIDHAN SOUDHA, D.C. COMPOUND, DHARWAD. …ACCUSED 5. THE STATE OF KARNATAKA. …PRO-FORMA RESPONDENT (BY SRI G.K.HIREGOUDAR, GOVERNMENT ADVOCATE FOR R5; A1 TO A4 – NOTICE SERVED.) THIS CONTEMPT PETITION IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO PUNISH THE ACCUSED HEREIN FOR VIOLATING THE ORDER DATED 03.09.2020 PASSED BY THE LEARNED SINGLE JUDGE OF THIS COURT IN W.P. NO.100899-100900/2019 (S-RES) AS PER ANNEXURE-B AND ETC.,. THIS CONTEMPT PETITION COMING ON FOR ORDERS 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 - 3 - NC: 2025:KHC-D:6597-DB CCC No. 100116 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This Contempt Petition is filed complaining disobedience of order dated 03.09.2020 in W.P.No.100899- 100900/2019 (S-RES), wherein this Court passed the following: ORDER i) “Writ petitions are allowed; ii) Impugned orders vide Annexures-Q and R dated 26.02.2018 passed by the respondent No.2 are hereby quashed; iii) Respondents 1 to 4 are directed to consider the proposal submitted by the respondents 5 and 6 and grant approval to the appointment of the petitioners within a period of three months from the date of receipt of a copy of this order.” 2. Learned counsel for complainant Sri A.S.Patil would submit that the above order was taken up before the Division Bench in Writ Appeal No.100207/2021. By judgment dated 05.09.2023, this Court confirmed the order passed by the learned single Judge. - 4 - NC: 2025:KHC-D:6597-DB CCC No. 100116 of 2024 3. Further, learned counsel would submit that the order passed in the Writ Appeal was taken up before the Hon’ble Supreme Court in Special Leave Petition (Civil) Diary No(s).50703/2024, which was also dismissed by order dated 20.12.2024. 4. Learned counsel further submits that as the respondents/accused failed to comply the order passed by the learned single Judge, the present contempt petition is filed. 5. Learned Government Advocate for respondents/ accused files affidavit of Joint Director of Collegiate Education, Dharwad, enclosing the Government Order dated 16.04.2025 approving appointment of the complainant from the date of order passed by the learned single Judge i.e., 03.09.2020. The Government Order passed is in terms of the direction issued by the learned single Judge. 6. On going through the entire petition papers, we are satisfied that there is substantial compliance by the respondents/accused. In the above circumstances, the - 5 - NC: 2025:KHC-D:6597-DB CCC No. 100116 of 2024 further proceedings in the contempt proceedings are dropped. 7. Liberty is reserved to the complainant to agitate if the grievance persists before the appropriate forum. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 24