ONKARAGOUDA GADIGEPPAGOUDA PATIL, AGE. 78 YEARS v. S. M. NAIKAR, by JAGADISH T

N. C. SRINIVASA, THE STATE INFORMATION COMMISSIONER, KARNATAKA INFORMATIN COMMISSION, MAHITHI SOUDHA, DEVRAJ ARAS ROAD, VIDHANA SOUDHA, WEST GATE-2, BENGALURU-560001. (BY SRI. G. K. HIREGOUDAR, AGA FOR R4; NOTICE TO A1 TO A3 SERVED) …ACCUSED THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO INITIATE CONTEMPT ACTION AGAINST THE ACCUSED/RESPONDENTS HEREIN FOR THE WILLFUL AND INTENTIONAL ACT OF CONTEMPT OF THIS HON’BLE COURT FOR HAVING VIOLATED AND HAVING NOT COMPLIED WITH THE DIRECTIONS MADE IN THE ORDER DATED 02.01.2024 IN WRIT PETITION NO.106735/2023 (GM-RES) PASSED BY THE SINGLE JUDGE BENCH OF THIS HON BLE COURT VIDE (ANNEXURE-A) AND PUNISH THE ACCUSED/RESPONDENTS HEREIN FOR THE DISOBEDIENCE OF THE SAID ORDER IN TERMS OF THE PROVISIONS OF THE CONTEMPT OF COURTS ACT 1971 AFTER HOLDING AN ENQUIRY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM:HON’BLE MR. JUSTICE KRISHNA S.DIXIT AND HON’BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - NC: 2024:KHC-D:10684-DB CCC No. 100122 of 2024 ORAL ORDER (PER: HON’BLE KRISHNA S.DIXIT) This complainant alleges non-compliance of mandamus issued by the learned Single Judge on 02.01.2024; whereby his Writ Petition No.1006735/2023 (GM-RES) was disposed off. The operative portion of the order at paragraph No.7 reads as under:

ORDER I. Writ petition is allowed. II. Mandamus is issued to the respondents to consider the application of the petitioner dated 02.03.2023 vide Annexure-B and either issue a certified copy of endorsement at Annexure-A if so issued by the respondent or issue a clarification as to whether such an endorsement issued or not within a period of 15 days from the date of receipt of a copy of this order.

2. After service of notice, the respondents having entered appearance through the learned AGA submit that, an endorsement of the kind is not available in the office at this length of time and therefore, it is impossible to comply with the said condition.

3. Ordinarily, an act impossible of performance is treated as either having been accomplished or waived vide lex - 4 - NC: 2024:KHC-D:10684-DB CCC No. 100122 of 2024 non goit ad impossibilia which Maxwell on Interpretation of Statutes, 12th Edition, Butterworths Wadhwa at pages 326 to 328 extensively discusses. There is a plausible explanation offered for the arguable non-compliance.