IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3^RD DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO. 200051 OF 2023 BETWEEN:

RAKESH S/O LATE DHANRAJ AGED 33 YEARS, OCC: UNEMPLOYED R/O GORNALLI B., TQ. BIDAR DIST. BIDAR – 585401.

…COMPLAINANT (BY SRI JAIRAJ K, BUKKA, ADVOCATE)

AND:

1. DR. M. INDUMATHI PROJECT DIRECTOR, DIRECTORATE, HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA, 1^ST FLOOR, MAGADI ROAD, BENGALURU – 560023.

2. RATHIKANTH SWAMI DISTRICT HEALTH OFFICER TQ. BIDAR & DIST. BIDAR – 585401.

3. DR. RAMAN CHIEF MEDICAL OFFICER, GOVT. GENERAL HOSPITAL, AURAD(B), TQ. AURAD-B, DIST. BIDAR – 585326.

…ACCUSED

4. THE STATE OF KARNATAKA REP. BY ITS COMMISSIONERATE HEALTH AND FAMILY WELFARE SERVICE AROGYA SOUDHA, 5^TH FLOOR, MAGADI ROAD, BENGALURU – 560023.

…PROFORMA PARTY (BY SRI MALLIKARJUN BASAREDDY, GA)

THIS CCC IS FILED UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURTS ACT 1971, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE PROCEEDINGS OF CONTEMPT AGAINST THE ACCUSED NO.1 TO R3/RESPONDENT NO.1 TO 3 FOR THEIR WILLFUL, DELIBERATE, WANTON DISOBEDIENCE, OF ORDER OF THIS HON’BLE COURT DATED 17.12.2021 PASSED IN WRIT PETITION NO.201647/2021 VIDE ANNEXURE – A TO THIS CONTEMPT OF COURT PETITION.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL)

This contempt petition is filed alleging willful disobedience of the order dated 17.12.2021 passed in W.P.No.201647/2021 (S-RES) by the learned Single Judge of this Court. The operative portion of the said order reads as under:

“The petitioners are given the liberty to submit a fresh representation to the respondent authorities with all the necessary details.

In the event of such a representation, the respondents shall consider the same in accordance with law within a period of eight weeks thereafter.

Writ petition stands disposed of accordingly.”

2. The respondent No.1 has filed an affidavit dated

27.03.2025 and the memo dated 03.04.2025. The relevant paragraph of the affidavit is extracted herein;

“4. It is submitted that, in pursuance of the representation and order passed by the learned Single Judge the accused herein considered the representation of the Complainant and issued an endorsement dated 20/03/2025. Wherein the request of the complaint for compassionate appointment was rejected on the ground that, no objection affidavit from other family members was not submitted. The endorsement dated 20/03/2025 is herewith produced and marked as Annexure R1. The said endorsement is issued since one more application for compassionate appointment was filed by the 1st wife of the deceased employee. The copy of application dated: 17/12/2021 filed by 1st wife Smt. Sharada Bai is herewith produced and marked as Annexure R2. The deceased employee Dhanraj had two wives, and both the wives have submitted applications for compassionate appointment for their children. A civil suit is also pending before the Civil Court in OS No.218/2022 which is pending before the Hon'ble Prl. Civil Judge and JMFC, Hubballi is pending between Smt. Sharada Bai and Smt. Shakuntala. The copy of the same is herewith produced and marked as ANNEXURE R.3. It is submitted that, in pursuance of the pendency of the suit respondent No.1 issued the endorsement on

20.03.2025.”

3. In view of the specific assertion in the affidavit that the representation of the petitioner has been considered by the authorities as directed by the learned Single Judge and issued an endorsement dated 20.03.2025. The present contempt proceeding is dropped with a liberty to the petitioner to avail other remedies available in law if so advised.

Sd/-

(K NATARAJAN)

JUDGE Sd/-

(VIJAYKUMAR A. PATIL)

JUDGE MSR List No.: 1 Sl No.: 3 CT: PS