IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH CCC NO.1206 OF 2019 (CIVIL) BETWEEN:
M/S. DECCAN EXPLORATION SERVICES PRIVATE LIMITED, NO.5, 19TH MAIN ROAD, 4TH SECTOR, HSR LAYOUT, BENGALURU-560 102, REPRESENTED BY AUTHORISED SIGNATORY, MR. SANDEEP LAKHWARA.
... COMPLAINANT (BY SRI D.L.N. RAO, SENIOR COUNSEL FOR SRI ANIRUDH ANAND, ADVOCATE) AND:
SRI MAHESHWAR RAO SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, (MINES, MSME AND SUGAR) #135, 1ST FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
... ACCUSED (BY SRI SANDESH J. CHOUTA, AAG ALONG WITH SRI V. SHIVAREDDY, HCGP) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR WILFUL DISOBEDIENCE OF THE ORDER PASSED BY THE HON'BLE DIVISION BENCH, HIGH COURT OF KARNATAKA DATED 21.03.2019 IN WRIT PETITION NO.55667 OF 2018, CERTIFIED COPY PRODUCED AT ANNEXURE-A AND ETC.
***** THIS CCC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed on the ground that the order dated 21.03.2019, passed by the learned Single Judge in Writ Petition No.55667 of 2018, is disobeyed. In terms whereof, the respondents were directed to consider the Complainant’s representation dated 16.07.2018, within a period of six weeks from the date of receipt of a copy of the order. Since same was done, the instant petition is filed.
2. A counter affidavit is filed by the learned Additional Advocate General appearing for the respondent- accused, enclosing a copy of Annexure-R1. He has tendered an unconditional apology for the delay in complying with the order of the learned Single Judge, within the time frame. Annexure-R1, is an endorsement dated 08.08.2019, which indicates that the representation of the Complainant, presently, does not merit acceptance and in view of the communication by the Central Government, the Complainant was informed to await further communication.
3. Further, the learned counsel for the respondent has submitted a confidential letter dated 22.07.2019 issued by the Government of India, Ministry of Mines, addressed to the Principal Secretary, Department of Mines, Textiles and SSI, State Government of Karnataka. We have considered the said communication.
4. On questioning the learned Additional Advocate general appearing for the respondent, submits that there does not appear to be any confidentiality, to which the petitioners are not entitled to the said document. Hence, it is directed that a copy of the letter dated 22.07.2019, be furnished to the petitioners.
5. It is further submitted by the learned counsel for the respondent that the endorsement at Annexure-R1 should be considered as a rejection of the representation of the petitioner. The same is placed on record. In view of Annexure-R1, we do not find any ground to proceed. Hence, the contempt petition is dropped.
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JUDGE JUDGE JJ