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2025 DAILYLAW 6850 (KAR)

UDAYKUMAR S/O NAGAPPA KADOLKAR v. SRI DR AJAY NAGABHUSHAN

CCC/100268/2024 · 2025-02-07

B M Shyam Prasad, Ramachandra D Huddar

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:2439-DB CCC No. 100268 of 2024 C/W WA No. 100196 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CIVIL CONTEMPT PETITION NO.100268 OF 2024 C/W WRIT APPEAL NO.100196 OF 2024(S-REG) IN CIVIL CONTEMPT PETITION NO. 100268 OF 2024 BETWEEN: UDAYKUMAR S/O NAGAPPA KADOLKAR AGE. 59 YEARS, WORKING AS DRIVER, CITY MUNICIPAL CORPORATION, BELAGAVI. - COMPLAINANT (BY SRI. SHARANABASAVARAJ C.S., AND SRI. KUSHAL N. KAMBLE, ADVOCATES) AND: 1. SRI. DR. AJAY NAGABHUSHAN, SECRETARY TO GOVERNMENT, HOUSING & URBAN DEVELOPMENT DEPARTMENT, (M & UDAS), ROOM NO. 434, VIKASA SOUDHA, BENGALURU-01. 2. SRI. PRABHULING KAVALIKATTI, DIRECTOR OF MUNICIPAL ADMINISTRATION, 9TH FLOOR, VISHVESHWARAIAH TOWER, DR. B. R AMBEDKAR VEEDHI, BENGALURU-01. 3. SRI. M.K. KALADGI, THE PLANNING DEVELOPMENT, DISTRICT CITY DEVELOPMENT CELL, TQ. AND DIST. BELAGAVI-01. 4. SRI. MOHAMMAD ROSHAN, THE DEPUTY COMMISSIONER, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2439-DB CCC No. 100268 of 2024 C/W WA No. 100196 of 2024 BELAGAVI DISTRICT, BELAGAVI-01. 5. SRI. ASHOK DUDAGUNTI, COMMISSIONER, CITY MUNICIPAL CORPORATION, BELAGAVI-01. - ACCUSED (BY SRI. GANGADHAR J.M., ADDL. ADVOCATE GENERAL ALONG WITH SRI. PRAVEEN K. UPPAR, ADDL. GOVT. ADVOCATE FOR A1 TO A4; SRI. CHETAN MUNNOLI, ADVOCATE FOR A5) THIS CIVIL 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 PUNISH THE ACCUSED/RESPONDENTS FOR DISOBEYING THE ORDER DATED 22.02.2024 PASSED BY LEARNED SINGLE JUDGE IN W.P. NO.104743/2023 VIDE ANNEXURE-A & ETC. IN WRIT APPEAL NO. 100196 OF 2024 (S-REG) BETWEEN: THE CITY MUNICIPAL CORPORATION BELAGAVI, R/BY ITS COMMISSIONER SHRI. P.N. LOKESH, TQ. & DIST. BELAGAVI-590001. - APPELLANT (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY, DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, M.S.BUILDING, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-01. 2. THE DIRECTOR MUNICIPAL ADMINISTRATION, 9TH FLOOR, VISHWESHWARAIAH TOWER, - 3 - NC: 2025:KHC-D:2439-DB CCC No. 100268 of 2024 C/W WA No. 100196 of 2024 DR. AMBEDKAR VEEDHI, BANGALURU-01. 3. THE PLANNING DEVELOPMENT, DISTRICT CITY DEVELOPMENT CELL, TQ AND DIST. BELAGAVI-590001. 4. THE DEPUTY COMMISSIONER, BELAGAVI, TAL. & DIST. BELAGAVI-590001. 5. UDAYAKUMAR S/O NAGAPPA KADOLKAR AGE: 58 YEARS, OCC.: DRIVER IN MUNICIPAL CORPORATION, BELAGAVI. - RESPONDENTS (BY SRI. GANGADHAR J.M., ADDL. ADVOCATE GENERAL ALONG WITH SRI. PRAVEEN K. UPPAR, ADDL. GOVT. ADVOCATE FOR R1 TO R4) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 22.02.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE HIGH COURT IN W.P. NO. 104743/2023 (S-REG) WITH RESPECT TO THE APPELLANT & ETC., THE CONTEMPT PETITION AND THE WRIT APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 4 - NC: 2025:KHC-D:2439-DB CCC No. 100268 of 2024 C/W WA No. 100196 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) Sri Sharanabasavaraj C.S, the learned counsel for the complainant, submits that the complainant has received a cheque for a sum of Rs.43,60,983/- and that this complaint could be closed. Sri Chetan Munnoli, the learned counsel for the contesting respondent in the complaint and the appellant, submits that the complainant being given the cheque as aforesaid, the writ appeal will not survive. As such, the writ appeal stands disposed of as having become infructuous and the complaint is closed. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 12