IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE H.P.SANDESH CCC NO.1184 OF 2019 (CIVIL) BETWEEN:
HEMANTH KUMAR H.K. SON OF KARYAPPA AGED ABOUT 35 YEARS CLERK CUM COMPUTER OPERATOR HAGALVADI POST MATHIKERE ROAD GUBBI TALUK TUMAKURU DISTRICT-572 222. ... COMPLAINANT (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE)
SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO SECURE THE ACCUSED BEFORE THIS COURT FOR HAVING COMMITTED A DELIBERATE AND WILLFULL VIOLATION SHOWING DIRSPECT TO THE DIRECTION ISSUED BY THIS COURT IN WRIT PETITION NO.12683 OF 2019 (S-RES) VIDE ITS ORDER DATED 30.05.2019 VIDE ANNEXURE-B AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW AND FURTHER DIRECT THE ACCUSED TO COMPLY THE DIRECTION OF THE COURT IN THE ABOVE SAID WRIT PETITION FORTHWITH.
THIS CCC COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This contempt petition is filed on the ground that the order dated 30.05.2019 passed by the learned Single Judge of this Court in Writ Petition No.12683 of 2019 has been disobeyed. In terms of the said order, the respondent No.2 therein was directed to consider the representation/appeal of the petitioner within four weeks from the date of receipt of copy of the order dated 30.05.2019.
2. On considering the pleadings, we do not find any ground to proceed further. An appeal is a right provided under law and the same would have to be filed appropriately. Filing a representation as indicated by the learned counsel for the complainant in terms of Annexures-D and E does not constitute an appeal in the eyes of law. It is merely letters written to the authorities. Therefore, the order of the learned Single Judge is incapable of being complied with. Hence, we find no good ground to proceed further.
Accordingly, the contempt petition is dismissed.
Sd/- Sd/-
JUDGE JUDGE ST