High Court Karnataka High Court

K Srikanth Rao vs Sri B Parameshwaram on 13 September, 2010

Karnataka High Court
K Srikanth Rao vs Sri B Parameshwaram on 13 September, 2010
Author: J.S.Khehar(Cj) And Chellur
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 13'": DAY OF SEPTEMBER 2010
PRESENT 

THE HONBLE MR.-J.S.KI-IEHAR, CHIEF  " %

AND

THE HONELE MRSJUSTICE2:    

ccc NO. 293/201«O.{Q\/1L),*37 - A 1
BETWEEN  V' V' 1'

K.Srikanth R30, _ VA

Aged about 42 years.

The Commissioner,   _ 

City i\/Iunicip.g:§ACC0.un§:i1, 1. 
Madikeri, Kc;-giagu ._.Dis'trici. _ V ,
(Described ir1_,."i:hé'Cr(1é:5faEs'"  K _ 
Chief Qffice1j,"'1'«i«;3,di}ieriTovm" 

Municipali gm .
 . V _    . ...Comp1ainant

(By Sri N'.CDeVadva'ssA,ASériiior Counsel for
M/ Nyayamitra Advocates.)

. ~Sri_VB.Paramv::Shwaram,

 AMadik¢:ri, Kodagu District.

Aggad abogt. 56 years,
Shop No. i / 8, Private Bus Stand,

...Accu.sed

'{By Sri.K§Char1drashekar, 8: Sri.C.§~EE.Jadhav, Advocates}



 

This CCC is file/tunder Section 1} & 12 of the
contempt of Court Act, by the complainant where in he
prays that this Hon'ble Court be pleased to initiate
contempt proceedings against the accused, for
disobeying direction dated 24.06.2008 pa.ssed~._in
W.P.No.-42671/2002(LB~RES) c/w. W.P.No.4;3_382','2002

and order of the division bench dated 2%!-:O2l'.'2.'T)39

W.A.No. I 108/2008 [LB~RES) Vide AnneXnre«--A 8§B.'

This CCC coming on for;"orde'rs..Vt'his' 

JUSTICE passed the following: 

J.S.KHEHAR, C.J. (om):   
The accused--res4pbr1dle3gf:*. this Court by
filing a writ   petition was
disrnissed __o'rder passed by this
CourtWo'I'1   directed the accused
resporiedelnt, to  [aossession of the shop taken

on lease  him Awlitliin three months. Despite the

 V'  _ a.foresai.d,'vi--possessiun was not handed over.

0  V0  2.  dated 24.63.2008 was assailed by the

ac.ciased.+resfi;0ndent by filing a writ appeal. The

 af0resa_id Writ appeal was also dismissed on 24.2.2008.

 ._:3~till.'.-'possession remained with the acctlsed-respondent.

Ca)

8. The instant contempt p€l,illi0’fi came to be filed
at the hands of the Municipal Council, Madikeri on

account of the disobedience of the orders pElSS€’§(lVV’iii\1:7′”E_l1lS

Court. The accused respondent has been

the learned counsel representingyhim.*h’asl’har1devd'”

over the key of the shoplg

Commissioner, City Municipal C’ouncil,C’ lviad-i1ie*ri in’-‘

Court today in token, of ‘oyjer .po’ssesslon. It is.
therefore, submitted ‘counsel for the
acct1sed~respondve_nt has now been
handed ox? Court stands fully

comp1iied”2x.ziti.?1. V

the matter in its entirety, we

are._§of the \}’ie_i,yithat the lapse at the hands of the

. ae.cused–.respondent in not Voluntarily obeying orders

‘passedl’l*§fy._ Court is Very serious. As long as a

con’ternpt’}§:etitioz1 had not been filed at the hands of the

Municiijal Council, l\/Iadikeri. [so as to enforce the

l’direct.ions issued by this Court], possession of. the

H leased shop was not handed over to the complainant»

petitioner. Orders of this Court need to be complied with

unilaterally. The accused-respor1deni: and others
similarly situate as him having not abided by this

Courts orders {referred to above), consequently

as 78 contempt petitions had to be

complainant~petitioner to enforcreeeethe dir’ectio’n,s”is;sued ”

by this Court. Besides resiiltingca.

expense, this action of th_e’*~.taccused–respon..denVthasfl’

resulted in unnecessary We,
therefore, Consider iltlljxust to impose
costs on ;”ll’ll”he accusedm
respondent’ to pay costs
quantified five thousand). While
payin$’._the :accused~respondent shall

deposit Rsfl ()nV,’OOV(}./;’*{teiiflV thousand) with the Karnataka

nCoulnc’ii’;”Rs.10,000/– with the Advocates

,._.Ag.5oei;i’:io114l;’ Bangalore, and the remaining

thousand) with the complainant»

l\A/Iunicipial Council, Madikeri. Receipts thereof, shall be

on the record Within one month from today,

it .,._failing which, the Registry is directed to re-list this case

for motion hearing, so as to enforce payment of costs.