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2025 DAILYLAW 85072 (KAR)

SRI AHMED HUSSAIN S/O JEEVANASAHEB HIREHAL v. SRI SRIKAR M S

CCC/100328/2024 · 2025-12-08

Geetha K B, S G Pandit

Contempt Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17374-DB CCC No. 100328 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. CIVIL CONTEMPT PETITION NO.100328 OF 2024 BETWEEN: SRI. AHMED HUSSAIN S/O JEEVANASAHEB HIREHAL AGE. 61 YEARS, OCC. PHYSICAL DIRECTOR, ANJUMAN E-ISLAM POLYTECHNIC GADAG. R/AT VIDYANAGAR, 2ND CROSS, GADAG, DIST. GADAG. …COMPLAINANT (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) AND: 1. SRI. SRIKAR M.S. THE PRINCIPAL SECRETARY, THE STATE OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, BENGALURU-560001. 2. SRI. PRASANNAKUMAR H., THE DIRECTOR, THE BOARD TECHNICAL EDUCATION, PALACE ROAD, BENGALURU-560001. 3. SRI. ZAKIR HUSSAIN A ANJUMAN E-ISLAM, REP BY ITS CHAIRMAN, POLYTECHNIC INSTITUTION, BENGALURU ROAD, GADAG. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.11 10:42:58 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17374-DB CCC No. 100328 of 2024 4. SRI. KISHOR N. REVANKAR THE PRINCIPAL, ANJUMAN E-ISLAM, POLYTECHNIC INSTITUTION, BENGALURU ROAD, GADAG. …ACCUSED 5. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, BANGALORE. …PROFORMA RESPONDENT (BY SRI. C.S. SHETTAR AND SRI. S.B. MALLIGAWAD, ADVOCATES FOR A3 & A4; SRI. SHARAD V. MAGADUM, AGA FOR PROFORMA RESPONDENT; NOTICE TO A1 & A2-SERVED) 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 TRY AND PUNISH THE ACCUSED FOR WILL FULL AND DELIBERATE NONCOMPLIANCE OF THE ORDER PASSED BY THIS HON’BLE COURT PASSED IN W.P. NO.102027 OF 2022 DATED 25/05/2023 VIDE ANNEXURE-H IN THE INTEREST OF JUSTICE AND EQUITY. THIS CCC 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 MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:17374-DB CCC No. 100328 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Heard the learned counsel Sri. Mrutyunjaya Tata Bangi for the complainant, learned counsel Sri. C.S. Shettar and Sri. S.B. Malligawad for accused Nos.3 and 4 as well as learned AGA Sri. Sharad V Magadum for accused No.5. 2. The above contempt petition was filed complaining disobedience of order dated 25.05.2023 passed in WP No.102027/2022, wherein, the following order was passed: “Under these circumstances, as rightly contended by the learned AGA, no relief can be granted to the petitioner in the present writ petition. However, taking into consideration the facts and circumstances of the present case, the petitioner who is no said to have retired on attaining the age of superannuation, he is permitted to file necessary representation to the competent authority seeking all service benefits if the same has not been settled and if such representation is filed, it is needless to state that the competent authority shall consider the same in accordance with law expeditiously. Writ petition is accordingly disposed of.” 3. On appearance, accused No.2 has filed an affidavit dated 10.12.2024, enclosing an endorsement dated 25.11.2024 (Annexure-R1). - 4 - HC-KAR NC: 2025:KHC-D:17374-DB CCC No. 100328 of 2024 4. This Court had directed the complainant to file necessary representation to the competent authority seeking all service benefits and the respondent/authority was directed to consider the same and pass appropriate orders. 5. Learned counsel Sri. Mrutyunjaya Tata Bangi would submit that the complainant had submitted representation subsequent to the learned Single Judge’s order and on consideration of the said representation, endorsement at Annexure-R11, dated 25.11.2025 is issued rejecting the request of the petitioner. He submits that, since on consideration of the petitioner’s representation, the endorsement (Annexure-R1) dated 25.11.2024 is issued, the complainant be reserved with liberty to challenge the said endorsement and for other relief. 6. Learned AGA, on the other hand, would submit that the direction was only to consider the representation of the petitioner, which is considered and appropriate - 5 - HC-KAR NC: 2025:KHC-D:17374-DB CCC No. 100328 of 2024 endorsement is issued in terms of Annexure-R1, dated 25.11.2024. 7. Taking note of the above submission, we are of the considered view that there is substantial compliance of order passed by this Court. Hence, further proceedings are dropped with liberty to the complainant to challenge the endorsement dated 25.11.2024 and for other relief. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 6