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2025 DAILYLAW 61734 (KAR)

BASANAGOUDA S/O SHIVANAGOUDA PATIL v. DANAYYA HIREMATH

CCC/100062/2025 · 2025-09-08

S Sunil Dutt Yadav, Vijaykumar A Patil

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:11443-DB CCC No. 100062 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL CIVIL CONTEMPT PETITION NO. 100062 OF 2025 BETWEEN: 1. BASANAGOUDA S/O. SHIVANAGOUDA PATIL, AGE: 61 YEARS, OCC: AGRICULTURE, R/O. JEERAGAL, TQ. MUDHOL, DIST. BAGALKOT-587313. 2. GEETA W/O. BASANAGOUDA PATIL, AGE: 53 YEARS, OCC: AGRICULTURE, R/O. JEERAGAL, TQ. MUDHOL, DIST. BAGALKOT-58313. 3. AJEET S/O. BASANAGOUDA PATIL, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. JEERAGAL, TQ. MUDHOL, DIST. BAGALKOT-587313. 4. MANJUNATH S/O. BASAPPA DASARADDI, AGE: 43 YEARS, OCC: AGRICULTURE, R/O. CHIKKUR, TQ. MUDHOL, DIST. BAGALKOT-587122. 5. SUNIL S/O. BASAPPA DASARADDI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. CHIKKUR, TQ. MUDHOL, DIST. BAGALKOT-587122. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11443-DB CCC No. 100062 of 2025 6. RAMESH S/O. VITHAL B. PATIL, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. CHIKKUR, TQ. MUDHOL, DIST. BAGALKOT-587122. 7. SURESH S/O. VITHAL B. PATIL, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. CHIKKUR, TQ. MUDHOL, DIST. BAGALKOT-587122. 8. HANAMANT S/O. BASAPPA KAMAKERI, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. CHIKKUR, TQ. MUDHOL, DIST. BAGALKOT-587122. 9. SACHIN KRISHNAPPA DASARADDI, AGE: 26 YEARS, OCC: AGRICULTURE, R/O. CHIKKUR, TQ. MUDHOL, DIST. BAGALKOT-587122. …COMPLAINANTS (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: 1. DANAYYA HIREMATH, MANAGING DIRECTOR, RYATAR SAHAKARI SAKARE KARKHANE NIYAMIT, A CO-OPERATIVE SUGAR FACTORY REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, HAVING ITS REGISTERED OFFICE AND FACTORY AT: RANNANAGAR, TIMMAPUR, TQ. MUDHOL, DIST. BAGALKOT-587313. …ACCUSED 2. THE STATE OF KARNATAKA, REPRESENTED BY THE COMMISSIONER, CANE DEVELOPMENT AND DIRECTOR OF SUGAR, VIDHANA SOUDHA, BENGALURU-01. …PROFORMA RESPONDENT (BY SRI. SHIVARAJ P. MUDHOL, ADV. FOR A1; SRI. V. S. KALASURMATH, AGA FOR PROFORMA A2) - 3 - HC-KAR NC: 2025:KHC-D:11443-DB CCC No. 100062 of 2025 THIS CCC IS FILED UNDER SECTION 11 & 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO TAKE COGNIZANCE OF THE OFFENCE OF CONTEMPT OF COURT COMMITTED BY THE ACCUSED HEREIN UNDER SECTION 10 OF THE CONTEMPT OF THE COURTS ACT, 1971 AND INITIATE CONTEMPT OF COURT PROCEEDINGS AS PER THE PROVISIONS OF CONTEMPT OF COURTS ACT, 1971, AGAINST THE ACCUSED HEREIN AND PUNISH THEM FOR DELIBERATE AND WILLFUL DISOBEDIENCE OF THE ORDER DATED 15.07.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN WP NO.100407/2024 (GM-RES) VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The contempt petition was filed alleging disobedience of the order passed in W.P.No.100407/2024. 2. The direction passed in the writ petition was to consider the bills at Annexure-A to A9 and take steps to release the amount that is legally due. Affidavit is filed by the respondent – accused. Along with the affidavit, a communication - 4 - HC-KAR NC: 2025:KHC-D:11443-DB CCC No. 100062 of 2025 dated 24.04.2025 is filed in Court in terms of which it is noticed that an amount of ₹37,38,516/- has been paid and the calculation of the said amount and evidence of payment is in terms of the bank statement enclosed along with the communication. 3. In light of the same, the proceedings are dropped reserving liberty to the petitioners to challenge the quantum of amount paid which though the accused contend is payment of entirety of bills, the learned counsel for the petitioners submits that the entirety of bills is not considered. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK /CT-AN List No.: 1 Sl No.: 16