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2025 DAILYLAW 9472 (KAR)

SRI RAJSHEKHAR K YADAHALLI v. DR AJAY NAGABHUSAHN N M, IAS

CCC/200029/2025 · 2025-03-19

K Natarajan, Vijaykumar A Patil

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC-K:1720-DB CCC No. 200029 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO. 200029 OF 2025 BETWEEN: 1. SRI RAJSHEKHAR K YADAHALLI AGED ABOUT 62 YEARS, OCC: RETIRED GOVERNMENT EMPLOYEE, R/O JALA NAGAR, VIJAYAPURA – 586101. 2. SRI NAGAPPA S/O PUNDALIK LAMBU, AGED ABOUT 51 YEARS, R/O SANGANNA RAYANNA COLONY, VIJAYAPURA – 586101. …COMPLAINANTS (BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE) AND: 1. DR. AJAY NAGABHUSAHN N M, IAS THE SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-1. 2. SMT. BHAGYASHREE THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, VIJAYAPURA, DIST: VIJAYAPURA - 586 101. 3. SRI SANJOT S/O RAYAPPA AUDI, AGED ABOUT 46 YEARS, Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1720-DB CCC No. 200029 of 2025 GENERAL SECRETARY, BOUDHA VIHAR CONSTRUCTION COMMITTEE, R/O C/O RAYAPPA AUDI, H.NO. RAMA NIVAS PRIME NAGAR, WARD NO.29, NEAR PRIME SCHOOL, JAMAKHANDI BYPASS ROAD, VIJAYAPURA – 586109. 4. THE STATE OF KARNATAKA, REP BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU – 1. …ACCUSED (BY SRI. MALLIKARJUNA BASAREDDY, GA FOR R2 & R4; NOTICE TO R1 & R3 ARE DEFERRED FOR THE PRESENT) THIS CCC IS FILED U/SEC. 11 AND 12 OF THE CONTEMPT OF COURT ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE RESPONDENT NO. 2 ACCUSED FOR DISOBEDIENCE AND DISRESPECTING THE INTERIM ORDER DATED 20.01.2025 GRANTED BY THIS HONOURABLE COURT IN WP NO. 201349/2023 (GM-KSR) VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL - 3 - NC: 2025:KHC-K:1720-DB CCC No. 200029 of 2025 ORAL ORDER (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) This contempt petition is filed alleging willful disobedience of the interim order of the learned Single Judge dated 20.01.2025 passed in W.P.No.201349/2023. The operative portion of the interim order reads as under: “(i) The District Registrar of Societies, Vijayapur shall prepare a list of eligible members as per the extant bye-laws. (ii) In order to achieve this, all members intending to stake their claim to the membership of the Society, shall submit all their documents with the District Registrar of Societies, Vijayapur to establish their claim of membership by or before 12.02.2025. (iii) The District Registrar, Vijayapur shall then verify the documents and then display or notify a provisional list of members by 28.02.2025. (iv) Any aggrieved person shall file his objections to the list so notified by or before 12.03.2025. The District Registrar, Vijayapur shall then consider the objections and thereafter notify the final list of members by 29.03.2025. The District Registrar, Vijayapur shall then decide holding a meeting of the general body of members, wherein the managing committee of the association shall be elected and for this purpose shall finalize a calendar of events. - 4 - NC: 2025:KHC-K:1720-DB CCC No. 200029 of 2025 (v) Till the managing committee is elected in the manner aforesaid, the persons, who are managing the association shall continue to do so subject however to the condition that they shall not take any major policy decision or any decision that affects the finance or the working of the association. (vi) This however will not come in the way of the present committee to draw funds to meet the day to day expenses of the Society.” 2. The learned counsel for the petitioners- complainants submits that though the direction is to the District Registrar of Societies, Vijayapura to prepare the list of eligible members as per the extant bye-laws, the District Registrar has requested the Assistant Registrar to prepare the list as per letter dated 31.01.2025 produced at Annexure-E. Hence, she has filed the present contempt petition. 3. Today, the learned counsel for the petitioners filed a memo along with letter dated 10.02.2025 issued by the District Registrar of Societies, Vijayapura, wherein the letter dated 31.01.2025 was withdrawn. In view of the - 5 - NC: 2025:KHC-K:1720-DB CCC No. 200029 of 2025 said withdrawal of the letter, the present contempt proceeding is closed. 4. Learned Government Advocate submits that the interim order of the learned Single Judge is under consideration by the authority. The said submission is placed on record. 5. In view of the same, present contempt proceeding is closed with a liberty to the petitioners to file a fresh contempt petition, if the interim order dated 20.01.2025 of the learned Single Judge passed in W.P.No.201349/2023 is not complied. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MCR List No.: 1 Sl No.: 14 CT: PS