GAVISIDDAPPA S/O MARCHAVVA v. PRABHULING KAVALIKATTI IAS
CCC/100388/2024 · 2025-01-07
B M Shyam Prasad, Ramachandra D Huddar
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 8199 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8199 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:99-DB CCC No. 100388 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
CIVIL CONTEMPT PETITION NO. 100388 OF 2024
BETWEEN:
GAVISIDDAPPA S/O. MARCHAVVA, AGE. 73 YEARS, OCC. RETD. LABOUR TOWN MUNICIPAL OFFICE, KUSHTAGI, R/O. WARD NO. 13, SAJJIHOLA, KOPPAL, TAL/DIST. KOPPAL. …COMPLAINANT (BY SRI. RAMESH I. ZIRALI, ADVOCATE)
AND:
1. PRABHULING KAVALIKATTI (IAS), THE DIRECTOR, THE DIRECTOR OF MUNICIPAL ADMINISTRATION, BANGALORE 560001. 2. NALINI ATUL (IAS), THE DEPUTY COMMISSIONER,
Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench
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NC: 2025:KHC-D:99-DB CCC No. 100388 of 2024
DISTRICT ADMINISTRATION BUILDING, KOPPAL, TAL/DIST. KOPPAL. 3. THE CHIEF OFFICER TOWN MUNICIPAL OFFICE, KUSHTAGI, TAL. KUSHTAGI, DIST. KOPPAL-583231. 4. THE ASSISTANT DIRECTOR, PENSION, SMALL SAVINGS AND ASSET LIABILITY MONITORING DEPARTMENT, GROUND FLOOR, DISTRICT ADMINISTRATIVE PREMISES, KOPPAL, TAL/DIST. KOPPAL-583231. …ACCUSED (BY SRI. G. K. HIREGOUDAR, GOVT. ADV. FOR A1, A2 & A4)
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 PUNISH THE ACCUSED HEREIN FOR NON-COMPLIANCE OF THE ORDERS DATED 24.11.2024 PASSED IN WRIT PETITION NO. 102451/2024 VIDE ANNEXURE AND ETC. THIS CONTEMPT PETITION, 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
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NC: 2025:KHC-D:99-DB CCC No. 100388 of 2024
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
The petitioner has filed the Writ Petition in W.P No.102451/2024, which is disposed off on 24th of July 2024, for directions to the Assistant Director, Pension, Small Savings and Asset Liability Monitoring Department, Koppal District Administration, to settle his retirement benefit fixing his pension. The Writ Petition is disposed of by a direction that reads as under:
“7. Be that as it may. Claim is one for pensionary benefit which is the rightful entitlement of retired employee and the same is recurring cause of action. In this matter, since the representation made by the petitioner is of the year 2017, for the purpose of convenience, petitioner shall make a fresh representation within a period of 15 days from the date of receipt of the order.
The respondent No.4 shall thereafter consider the same and release pensionary benefit to the petitioner entitled in accordance with law, if not already released.”
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NC: 2025:KHC-D:99-DB CCC No. 100388 of 2024
Sri. Ramesh I. Zirali, the learned counsel for complainant, and Sri. G. K. Hiregoudar, the learned Principal Government Advocate, who is called upon to accept notice for the first, second and fourth respondents are heard. It is seen from the directions that the Writ Court has not stipulated any timeline for compliance with the direction to consider the petitioner’s request. It is settled that unless timelines are fixed for compliance and there is failure to comply with such directions, the contempt will not lie. Hence, the proceedings are closed, but with liberty to the petitioner to avail his remedies permissible in law. Sd/- (B.M.SHYAM PRASAD) JUDGE
Sd/- (RAMACHANDRA D. HUDDAR) JUDGE
PJ/CT-AN List No.: 1 Sl No.: 1