EHAGHYAMMA WIFE OF LATE PAPACHAR AND SRI RAMAKRISHNA SON OF LATE ANJANAPPA Vs. THE SPECIAL TASHILDAR SRI SIDDALINGAIAH

JUDGEMENT

(1.) THIS contempt petition is filed by the complainants alleging that the accused has committed willful disobedience of the order dated 02.07.2007 passed in the Writ Petition No. 10247/2007.

(2.) BY the said order, the learned Single Judge of this Court had directed the accused to consider the representation dated 05.08.2005 (at Annexure -E to the writ petition) and comply with the direction issued by the Assistant Commissioner, Bangalore North Sub -division, Bangalore (at Annexure -D to the writ petition), within the outer limit of eight weeks.

(3.) THE accused, on entering appearance, filed his counter affidavit and has, at the outset, stated that he has great respect for the orders of this Court and he has no intention to disobey the same. With regard to the allegations made in the contempt petition, the accused has stated that he has taken all steps to dispose of the matter as directed by this Court. The accused has in fact stated that even before the instant direction was issued in the writ petition, the accused had taken note of the remand order passed by the Assistant Commissioner in R.A. No. 319/03 -04 and had passed an order on 07.04.2006 disposing of the proceedings. In spite of being aware of the said order, the complainant, by suppressing the said fact had filed W.P. No. 10247/2007 and had obtained the direction for consideration in terms thereof. Though an earlier order dated 07.04.2006 had been passed, in order to further comply with the direction of this Court, a fresh order was again passed on 09.10.2007 and an endorsement was issued on 16.10.2007. The accused therefore states that there is no disobedience of the order much less willful disobedience and has therefore sought for dropping of the proceedings by dismissing the petition with exemplary costs.