SRI R SHIVAKUMAR vs DR SRI TRILOCHAN MOHAPATRA - 2022 Supreme(Online)(Kar) 42472

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2022 Supreme(Online)(Kar) 42472

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CCC No.864 of 2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13^TH DAY OF OCTOBER, 2022
PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA
CIVIL CONTEMPT PETITION No.864 OF 2021
BETWEEN:
1.
SRI R. SHIVAKUMAR,
AGED ABOUT 66 YEARS,
S/O SRI RANGAPPA,
RETIRED TECHNICIAN T-1 (F/FT),
LIBRARY EXTENSION SECTION,
SOUTHERN REGIONAL STATION OF NDRI,
ADUGODI, BANGALORE-560030.

R/AT NO.18/2-1,
5^TH CROSS,
VENKGATESHWARA LAYOUT,
SUDDAGUNTEPALYA, D. R. C. POST,
BANGALORE-560029.
&COMPLAINANT
(BY SRI. RAJASHEKAR P., ADVOCATE)
AND:
1.
DR. SRI TRILOCHAN MOHAPATRA,
THE DIRECTOR GENERAL/SECRETARY,
INDIAN COUNCIL OF AGRICULTURAL RESEARCH,
KRISHI BHAVAN,
DR. RAJENDRA PRASAD ROAD,
NEW DELHI-110001.

Digitally signed by
MALATESH K C
Location: High
Court of
Karnataka

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CCC No.864 of 2021

2.
DR. SRI M. S. CHAUHAN,
THE DIRECTOR,
NATIONAL DAIRY RESEARCH INSITITUTE (ICAR),
KARNAL-132001.

3.
SRI K. P. RAMESHA,
SOUTHERN REGIONAL STATION OF NDRI,
ADUGODI,
BANGALORE-560030.
&ACCUSED
**

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA, BY THE COMPLAINANT PRAYING TO
INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED
FOR THEIR DELIBERATE DISOBEDIENCE OF THE ORDERS
DATED 01.09.2017 MADE IN W.P.NO.9347/2017 (S-CAT)
(ANNEXURE-G).

THIS CCC COMING ON FOR ORDERS THIS DAY,
*B.VEERAPPA J.,*** MADE THE FOLLOWING:

The present Civil Contempt Petition is filed by the

complainant under the provisions of Sections 11 and 12 of the

Contempt of Courts Act, against the accused, alleging willful

disobedience

of the Order dated 01.09.2017 made in

W.P.No.9347/2017.

After realizing that the present Civil Contempt Petition is

not maintainable, learned counsel for the complainant filed the

Memo for withdrawal dated 08.08.2022, which reads as under:

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"The undersigned respectfully submits that the above

contempt has been filed for not complying with the

order

dated

01.09.2017

W.P.No.9347/2017

(Annexure-G)

wherein

this

Hon'ble

Court

had

affirmed the order passed by Hon'ble CAT, Bengaluru

Bench

O.A.No.703/2016

dated

03.11.2016

(Annexure-D). The undersigned respectfully submits

that in the meanwhile the respondents had filed

R.P.No.85/2019 on 12.03.2019 before this Hon'ble

Court being aggrieved by the dismissal of Writ

Petition No.9347/2017 and the said Review Petition

No.85/2019 has been dismissed by this Hon'ble

Court on 25.02.2022. Hence, in view of the

dismissal of R.P.No.85/2019 this Hon'ble Court may

kindly be pleased to permit the undersigned to

withdraw the above Contempt Petition with liberty to

file the contempt petition before Hon'ble CAT,

Bengaluru Bench, in the interest of justice and

equity."

In view of the above, the present Civil Contempt Petition

is dismissed as withdrawn, with liberty to the complainant to

approach the appropriate Court, in accordance with law.

Sd/-

JUDGE

Sd/-

JUDGE

kcm

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