M. GANESH ANCHAN Vs. AJITH KUMAR HEGDE SHANADY

JUDGEMENT

(1.) The petitioners -complainants are the writ petitioners in W.P.No.7015/2020 filed by them before the learned Single Judge. What was challenged before the learned Single Judge by filing the said writ petition was an order dated 7th April 2020 passed by the Commissioner, Mangaluru City Corporation. The breach alleged is of an interim order passed by the learned Single Judge on 21st May 2020 staying the operation of the order dated 7th April 2020. By the said order dated 7th April 2020, a direction was issued by the Commissioner of Mangaluru City Corporation that the market subject matter of the petition (Central Vegetable/Fish Market at Kasba Bazar Village) shall be closed and no business will be allowed to continue in the said market. The breach alleged in the petition is that notwithstanding the interim stay of the order dated 7th April 2020 granted by the learned Single Judge, the complainants were not allowed to carry on their business by opening the market. In fact, it is pointed out that even the application for vacating the stay filed by the Mangaluru City Corporation was rejected by the learned Single Judge. It must be noted here that after this petition was filed on 14th July 2020, there are important subsequent events. The subsequent events are pointed out in the statement of objections filed by the accused. The first subsequent event is that the order/public notice dated 7th April 2020 which was challenged before the learned Single Judge was withdrawn by an order dated 11th August 2020. In view of the withdrawal of the said order, even the writ petition before the learned Single Judge was disposed of on 16th September 2020. It is stated in the statement of objections that on 18th August 2020, the Deputy Commissioner proceeded to pass an order directing closure of the Central Market till further orders.

(2.) The learned counsel appearing for the complainants submitted that though the order/public notice dated 7th April 2020 may have been subsequently withdrawn, still there is more than sufficient material on record to show that in breach of the order of stay dated 21st May 2020, the complainants were not allowed to carry on their business and the market was not opened. He submitted that the cause of action for taking action under the Contempt of Courts Act , 1971 remains notwithstanding the disposal of the writ petition in which the interim order was passed. He further submitted that even the order of the Deputy Commissioner passed on 18th August 2020 has been stayed and notwithstanding the said stay, the Mangaluru City Corporation has not opened the market. He would, therefore, submit that action be initiated under the Contempt of Courts Act , 1971.

(3.) As stated earlier, the order/public notice dated 7th April 2020 was withdrawn by the order dated 11th August 2020. If thereafter the complainants were prevented from carrying on their business in the Central Market, they can always adopt appropriate remedy in that behalf. Notwithstanding the stay granted by this Court of the order dated 18th August 2020 passed by the Deputy Commissioner, if the accused are refusing to open the market, the complainants have a separate cause of action.