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2025 DAILYLAW 6765 (KAR)

MANJAPPA S/O SIDDAPPA HUNAGUND v. SHRI AKSHAY SHRIDHAR

CCC/100265/2024 · 2025-03-07

C M Poonacha, S G Pandit

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC-D:4415-DB CCC No. 100265 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH 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.100265 OF 2024 BETWEEN: MANJAPPA, S/O. SIDDAPPA HUNAGUND, AGE. 56 YEARS, OCC. AGRICULTURE, R/O. HALEBANKAPUR, TQ. SHIGGAON, DIST. HAVERI. …COMPLAINANT (BY SRI NAGESH M. BADIGER, ADVOCATE) AND: 1. SHRI AKSHAY SHRIDHAR, AGE. 47 YEARS, OCC. CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT HAVERI, HAVERI-581110, TQ/DIST. HAVERI. 2. SHRI PULLAYAN KOTE VISHWANATH, AGE. 42 YEARS, OCC. EXECUTIVE OFFICER, TALUKA PANCHAYAT SHIGGAON, SHIGGAON-581110, TQ. SHIGGAON, DIST. HAVERI. 3. SHRI VANI P ALLAYYANAVAR, AGE. 42 YEARS, OCC. PANCHAYAT DEVELOPMENT OFFICER, HALE BANKAPUR GRAM PANCHAYAT, HALE BANKAPUR-581110, TQ. SHIGGAON, DIST. HAVERI. …ACCUSED (BY SRI MADANMOHAN M. KHANNUR, AGA FOR A1 TO A3) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4415-DB CCC No. 100265 of 2024 THIS CONTEMPT PETITION 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 OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR INTENTIONALLY AND DELIBERATELY DISOBEYING THE ORDER DATED 14.02.2023 PASSED IN WRIT PETITION NO. WP NO.100847/2022 AT ANNEXURE-B PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS 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) This contempt petition is filed alleging disobedience of the order dated 14.02.2023 passed in W.P. No.100847/2022 wherein this Court has passed the following Order: “5. In view of the aforesaid facts and circumstances and rival submissions, respondent is hereby directed to address the grievances of the petitioner and consider his representation dated 10.06.2021 at Annexures-K, K1 and K2 and pass appropriate order in accordance with law, within a - 3 - NC: 2025:KHC-D:4415-DB CCC No. 100265 of 2024 period of three months from the date of receipt of a copy of this order.” 2. On issuance of notice, the second respondent/accused filed counter affidavit enclosing Annexure-R1, dated 21.02.2024, a communication addressed to the complainant wherein the complainant is requested to furnish six documents. 3. Learned counsel for the complainant would submit that the complainant has submitted four documents and the complainant is not in a position to produce the other two documents. 4. Unless the required documents are not furnished, the respondents would not be in a position to consider the representation as directed by this Court. In these circumstances, it is open for the petitioner to furnish the documents as required under Annexure-R1, dated 21.02.2024. If the complainant furnishes the documents, as requested, the respondents shall consider the representation as directed and pass appropriate orders. At - 4 - NC: 2025:KHC-D:4415-DB CCC No. 100265 of 2024 this, we are of the opinion that there is no disobedience as alleged. With the above, contempt proceedings are dropped. Pending I.As., if any, do not survive for consideration and are disposed of accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 27