IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH 2019 PRESENT THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD C.C.C.Nos.243-44 OF 2019 (CIVIL) BETWEEN:
1. A. Ameer Hamza S/o Late M. Abdul Sab Aged about 58 years 2. Smt. Kathiza.B W/o Ameer Hamza Aged about 40 years Both are R/o Rajeev Nagar Hosapete Badavane Hale Soraba Post, Soraba taluk Shimoga District-577201. …. Complainants (By Sri.S.R. Hegde Hudlamane, Advocate) AND Sri. K.S. Dayananda Aged about 58 years Deputy Commissioner Shimoga Commissioner Shimoga District-577201. …Accused (By Sri.Shiva Prabhu S. Hiremath, AGA.) These Contempt petitions are filed under Sections 11 and 12 of the Contempt of Courts Act, praying to initiate contempt petition against accused/respondent in not complying the direction issued by this Court in R.P.No.42 & 45/2018 in WP.No.11350-11351/2017 dated 10.07.2018 as per Annexure-B and to punish the accused for the contempt committed by him.
These Contempt petitions coming on for orders this day, NAGARATHNA J., made the following:
ORDER Learned Additional Government Advocate appearing for the accused has filed counter-affidavit of the accused enclosing Annexures R1 to R4. The same is taken on record.
2. He submits that the direction issued by this Court in W.P.Nos.11350-11351/2017 dated 15.03.2017 has been complied with in as much as the representation made by the petitioners vide Annexure J to the writ petitions has been considered and an endorsement as per Annexure-R4 dated 13.03.2019 has been issued. Therefore, the contempt proceedings may be dropped. He further submits that the accused has also tendered an unconditional apology for the delay in complying with the direction issued by this Court which may be accepted.
3. Learned counsel for the complainants submits that in view of the memo enclosing the documents filed by the learned Additional Government Advocate, appropriate orders may be made in the contempt petitions.
4. We have perused the material on record as well as the counter-affidavit filed by the learned Additional Government Advocate and we are satisfied that there is compliance of the direction issued by this Court by endorsement dated 13.03.2019, a copy of which is at Annexure-R4. However, there is a delay in complying with the said direction and we condone the delay by accepting the unconditional apology tendered by the accused.
5. In the circumstances, the contempt proceedings are dropped. Liberty is reserved to the complainant to assail the endorsement at Annexure-R4 dated 13.03.2019, if the need so arises and if so advised.
Sd/- JUDGE Sd/- JUDGE Cm/-