✦ Karnataka High Court

M/s. SRI.LAKSHMI NARAYANA RICE v. THE GOVERNMENT OF KARNATAKA

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Provisions considered

Judgment

M/s. SRI.LAKSHMI NARAYANA RICE INDUSTRIES, REP BY ITS MANAGING PARTNER M . K. LAKSHMINARAYANA S/O M.K.HANUMANTHAIAH AGE: 43 YEARS. PLOT NO.25. 26 43 AND 44, KIADB INDUSTRIAL AREA. RAICHUR ... COMPLAINANT (BY SRI.N.R.BHASKAR & SRI.RAGHAVENDRA B.H. ADVS.) AND:

#1. THE GOVERNMENT OF KARNATAKA COMMERCE & INDUSTRIAL DEPT. BY ThE PRL. SECRETARY AND EX-OFFICIO - CHAIRMAN STATE LEVEL CO-ORDINATION COMMITTEE SRI.V.P.BALIGAR, AGE: MAJOR VIKAS SOUDHA DR.B.R.AMBEDKAR ROAD BANGALORE -560001 2

#2. THE JOINT DIRECTOR SRLM.S.MUDAKAVI, AGE: MAJOR DISTRICT INDUSTRIAL CENTRE (DIC) RAICHUR- 584 101

#3. THE DIRECTOR SRLG.RAMACHANDRA, AGE: MAJOR DEPT. OF AGRICULTURAL MARKETING NO.11, RAJ BHAVAN ROAD BANGALORE - 560 001

#4. AGRICULTURAL PRODUCE MARKETING COMMITTEE, BY ITS SECRETARY SRLVITHAL PUJARI, AGE: MAJOR APMC YARD, RAICHUR-584 101 ...ACCUSED (SRLS.S.KUMMAN, GOVT. ADV. FOR Al & A2 SRLMALLIJARJUNA C.BASAREDDY, ADV. FOR A3 & A4) This CCC is filed under Sections 11 and 12 of the Contempt of Court Act praying to take cognizance of the contempt committed by the accused and punish them in accordance with law for disobeying the order of this Court dated 26.2.10 passed in WP No.80684/10 vide Annexure-A. contemptuous This CCC coming on for Mr.N.K.PATIL, J. made the following: framing charges today, ORDER In the instant contempt petition, the complainant initiate contempt proceedings view of disobedience of the order dated 26.2.2010 passed in WP No.80684/20 10 against the accused. / 3

#2. We have heard the learned counsel appearing for the complainant, learned Government Advocate appearing for accused Nos. 1 & 2 and the learned counsel appearing for accused Nos.3 & 4.

#3. DurIng the course of the submissions, the learned Government Advocate appearing for accused Nos. 1 and 2 ified an affidavit dated 6.9.20 10 of one SrI.Mallappa, working as Joint Director, District Industries Centre, Raichur, Raichur District stating that, the 211d accused has ified application In WP Nos.80684/ 10 for extension of time of six months for compliance of the directions Issued In WP No.80684/10 on 26.2.2010. ThIs application filed by accused No.2 had come up for consideration before the learned Single Judge on 6.9.20 10 and six months’ time Is extended for compliance of the order dated 26.2.2010 of this Court as referred above. 4

#4. Learned Government Advocate appearing for accused Nos. 1 and 2 submitted that, the prayer sought for, In the Instant contempt petition does not survive for consideration. Therefore, this contempt Initiated by the complainant may be dropped.

#5. As against this, the learned counsel complainant submitted that, he was not aware about the time extended In pursuance of the miscellaneous writ filed by accused Nos. 1 and 2 seekIng extension of time for compliance of the order passed In WP No.80684/10, whereas the learned counsel appearing for the accused Nos.3 and 4 submitted that the time was extended for a period of six months for compliance of the directions issued by the learned Single Judge of this Court, as referred above.

#6. Inthelightofthefacts ofthe case and Inthelight of the statement made In paragraphs 3. 4 and 5 In the affidavit dated 6.9.20 10 filed by the 2 accused, instant contempt petition filed by the complainant stands dropped, reserving liberty to the comp1ainan to redress his grievance before the appropriate legal forum, if so advised or need arises.

#7. Accordingly, the instant contempt proceedings initiated against the accused stands dropped. Ordered accordingly. Sd! JUDGE JUDGE RV

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