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2025 DAILYLAW 7778 (KAR)

HADIBASAPPA S/O HIREBASAPPA MARAD v. SRI GANGAPPA

CCC/100353/2024 · 2025-01-15

Ashok S Kinagi, Umesh M Adiga

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC-D:641-DB CCC No. 100353 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA CIVIL CONTEMPT PETITION NO. 100353 OF 2024 BETWEEN: HADIBASAPPA S/O. HIREBASAPPA MARAD AGE: 74 YEARS SR. CITIZEN OCC: AGRICULTURE, R/O: C/O. ASHOK KAPSI ANANDAPUR, ATTARAGI, TQ: HUKKERI DIST: BELAGAVI …COMPLAINANT (BY SRI. GOPAL B. PATIL, ADVOCATE) AND: 1. SRI GANGAPPA ASSISTANT COMMISSIONER SUB DIVISION GADAG DIST GADAG 582103. 2. THE STATE OF KARNATAKA R/BY AGA, DHARWAD …ACCUSED (BY SRI. G.K. HIREGOUDAR, AGA) THIS CCC IS FILED UNDER SECTION 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 HEREIN FOR THEIR WILLFUL DISOBEDIENCE OF ORDER DATED. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA Date: 2025.01.24 10:32:58 +0530 - 2 - NC: 2025:KHC-D:641-DB CCC No. 100353 of 2024 20.02.2024 PASSED BY THIS HON’BLE COURT IN WRIT PETITION NO.102443/2023 (KLR-RES) IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This contempt petition is arising out of the order passed in Writ Petition No.102443/2023, dated 20.02.2024, wherein, the learned single Judge directed the accused to consider the representations dated 17.11.2022 and 26.12.2022, submitted by the complainant, vide Annexure-D and E, and pass appropriate order in the light of the order dated 09.11.2022 passed by the Deputy Commissioner, Gadag, within a period of three months, from the date of receipt of the certified copy of the order. 2. After the disposal of the said writ petition, the complainant vide communication dated 20.03.2024, and 18.06.2024 requested the accused, to comply with the directions issued by the learned single Judge, and enclosed - 3 - NC: 2025:KHC-D:641-DB CCC No. 100353 of 2024 the copy of the order passed in the aforesaid writ petition. Despite the representation submitted by the complainant, the accused has not considered the representations submitted by the complainant. Hence, the complainant has filed this Contempt Petition. 3. Learned High Court Government Pleader filed an affidavit of the accused stating that as per the directions of the learned single Judge, the respondent had issued a notice to the parties, through the postal department as well as through social media by fixing the date of hearing on 20.11.2024. But, on the said date, none of the complainants appeared. Therefore, again the matter was adjourned to 28.11.2024 and subsequently, on 05.12.2024. The complainant has not appeared before the respondent- accused, the respondent-accused perusing the documents available on record, passed an order dated 10.12.2024, dismissing the appeal, by considering the representations dated 17.11.2022 and 26.11.2022. A Copy of the order passed by the respondent-accused is enclosed and marked as document No.1. It is stated that, the respondent-accused - 4 - NC: 2025:KHC-D:641-DB CCC No. 100353 of 2024 had considered the representations and passed an order. The said delay occurred as the complainant to the proceedings, has not appeared, on the date fixed for the hearing. Thus, the delay may be condoned and prayed to drop the proceedings, and also tendered an unconditional apology. As the directions issued by the learned single Judge has been duly complied with, by the respondent-accused and also sought an unconditional apology. In view of the same, nothing survives for consideration in this Contempt Petition. Accordingly, the Contempt Petition is dropped and the notice is discharged. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE Vb/- LIST NO.: 2 SL NO.: 12