Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010393422022 NC: 2026:KHC:51561-DB CCC No. 778 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN CIVIL CONTEMPT PETITION NO. 778 OF 2022 BETWEEN:
SRI. B.C UTTHAPPA AGED ABOUT 70 YEARS, S/O LATE B N CHINNAPPA, R/A KASHYAPA NILAYA, MANGO GARDEN, NO.11, 1ST FLOOR KANAKAPURA MAIN ROAD, KONANAKUNTE CROSS, BANGALORE 560 111. …COMPLAINANT (BY SRI. G.L.MOHANMAIYA, ADVOCATE FOR SMT. DEEPA Y K.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA, M.S. BUILDING BENGALURU – 560 001.
…PROFORMA RESPONDENT
2.
SRI. P.R GURURAJ THE SPECIAL TAHASILDAR BENGALURU SOUTH TALUK BENGALURU - 560 009. …ACCUSED (BY SRI.BHAIRAV KUTTAIAH., AGA FOR PROFORMA RESPONDENT)
Digitally signed by MALA K N Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010393422022 NC: 2026:KHC:51561-DB CCC No. 778 of 2022
THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA, R/W SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO ACCUSED MAY KINDLY BE PUNISHED APPROPRIATELY FOR NOT IMPLEMENTING THE ORDERS OF THIS HON'BLE COURT IN W.P.NO.19502/2021 (GM-RES) DATED 13.01.2022.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH)
The present contempt petition has been filed alleging non-compliance and willful disobedience of the order dated 13.01.2022 passed in W.P.No.19502/2022 by the Writ Court, which reads as under:
“The short grievance of the petitioner is as to non-
consideration of his representation dated 19.08.2021 in which he has sought for the recovery of certain amount from third respondent.
2. Learned AGA appearing for the official Respondent Nos.1 & 2 submits that the relief of the kind can be obtained at the hands of Civil Courts and therefore, Writ Petition is misconceived. Having so contended, now he fairly agrees to instruct his clients/respondent Nos.1 & 2 to consider or cause to be considered petitioner’s subject representation in accordance with law and in a time bound way. This is appreciable. In the above circumstances, this writ petition stands
disposed off fixing time for compliance as three months. Since notice to respondent No.3 is dispensed with, the
consideration of subject representation shall happen with the
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HC-KAR
CNR: KAHC010393422022 NC: 2026:KHC:51561-DB CCC No. 778 of 2022
participation of the said respondent. All contentions are kept open. Costs made easy.”
2.
Learned counsel for the complainant has submitted that Special Tahasildar has recovered Rs.2,07,692./- however, the interest has been not been recovered.
3. For such an allegation the contempt jurisdiction is not an appropriate remedy. If the complainant feels that the interest has not been paid to him on the gratuity amount due to him, he has remedy under the Payment of Gratuity Act and to seek appropriate remedy before the competent authority. We therefore, close the contempt proceedings and discharge the contempt notice.
Sd/- (D K SINGH) JUDGE
Sd/- (H.SHANTHI BHUSHAN) JUDGE
BVK; List No.: 1 Sl No.: 3