LAWS(KAR)-2009-11-9

NAGAMMA Vs. BHARATHI HALLIKERI

Decided On November 16, 2009
NAGAMMA Appellant
V/S
BHARATHI HALLIKERI Respondents

JUDGEMENT

(1.) This is a strange case of the complainant having approached this Court invoking Sections 11 and 12 of the Contempt of Courts Act after having tasted success in writ jurisdiction in terms of the order dated 19.03.2008 in Writ Petition No. 4475/2008. The Learned Single Judge of this Court had allowed the writ petition after noticing as under:

(2.) It is thereafter the contempt petition was filed on 24.02.2009 in CCC No. 1331/2009 alleging that the respondents have failed to comply with the directions issued in the writ petition and there has been willful disobedience of the order made in W.P. No .4475/2008. The material averments of the contempt petition are as under:

(3.) Thereafter the matter had come up before this Court. The order sheet of the petition reads as follows: VGGJ & LNSJ 16.7.2009 : List the matter on Monday i.e. on 20.7.2009. VGGJ & LNSJ 20.7.2009 : At the request of the Learned Government Advocate List this matter on 22.7.2009. VGGJ & LNSJ 22.7.2009: At the request of the Learned Govt. Advocate, adjourned to next week finally, to report complaint of the order complained of or to get the first respondent present before this Court to hear him before framing charge. HGRJ & LNSJ 30.7.2009 : The Tahsildar, Sedam is present in Court today. The Learned Govt. Advocate appearing for the respondents submits that respondents would comply with the order within three weeks. list on 21.08.2009 for reporting compliance. NKPJ/RVMJ 21.8.2009 : Respondent No.1 - accused is present before the Court. List this matter next week at the request of the Learned Government Advocate appearing for the 1st respondent-accused, to enable him to comply with the order dated 30.7.09 subject to condition that the 1st respondent shall pay the cost of Rs. 5,000/- to the complainant forthwith through demand draft and file a memo along with the acknowledgement for having paid Rs. 5,000/- cost from his personal fund and not from the Government Department, on or before the next date of hearing. List on 28/8/2009. NKPJ & RVMJ 28.8.2009: Re-list this matter on 31.08.09 at the request of Learned Govt. Advocate appearing for the accused for compliance of the order dated 21.08.2009. NKPJ/RVMJ 31.8.2009: Learned Government Advocate has filed a memo dated 31.8.2009 stating that, the order dated 21.8.2009 has been partly complied with by handing over a sum of Rs. 5,000/- through a Demand Draft dated 26.8.2009 bearing No. 780063 drawn in favour of State of Hyderabad Branch. The same has been duly acknowledged by the complainant on 28.8.2009. The memo is placed on record. Post this matter for reporting compliance on 9.9.2009. NKPJ & RVMJ 09.9.2009 : List this matter next week at the request of the Counsel for the complainant on the ground that he has received copy of the counter affidavit filed by the respondent today and to enable him to go through the same and make his submissions. KLMJ/AKJ 30.10.2009 : None appears. Adjourned to next week. KLMJ/AKJ 10.11.2009 : Since the Government Advocate is unable to convince the Court that the directions issued in W.P.No.4475/08 dated 19.3.2008 is complied with, we have no other option than to direct the Tahsildar, Sedam to appear before us in terms of the order of this Court dated 22.07.2009. Accordingly, the matter is listed to 16.11.2009 to hear before charge. The Tahasildar, Sedam shall be present before the Court on that day.