Habeeb Khan v. Sri M.Bhojanna

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY CONTEMPT CASE No.592 OF 2017 O R D E R :

The Contempt Case is filed alleging violation of the order dated 02.02.2017 passed by this Court in WP.No.3506 of 2017, wherein this Court directed the respondents to consider the objections filed by the petitioner along with the objections of the unofficial respondents and pass orders. Learned counsel for the petitioner submits that in pursuance of the orders passed by this Court the respondent passed order dated 08.03.2017, but, the said order only refers to the objections of the petitioner and that the respondent passed the said order by simply stating that the statements of all the parties have been considered. He further submits that the respondent without properly dealing with the objections of the petitioner passed the said order, as such, the order dated 02.02.2017, passed by this Court in WP.No.

3506/2017, has not been complied with by the respondent in true spirit. Counter is filed stating that in compliance of the orders passed by this Court in WP.No.3506/2017, objections of the petitioner as well as unofficial respondents have been considered and that after conducting enquiry, order dated 08.03.2017 has been passed. It is also stated that appeal and revision filed against the said proceedings dated 08.03.

were also dismissed and as such, there is no violation of the orders passed by this Court.

A perusal of the order dated 08.03.2017 passed by the respondent herein only refers to the objections of the petitioner. In the last paragraph of the said order it is stated that the statements of all the parties have been considered. There is no elaborate discussion on the objections of the petitioner. But, the fact remains that the appeal and revision against the said order were dismissed. The respondent could have discussed the objections of the petitioner elaborately, in the said order. Any how, this Court cannot go into the validity of the said order dated 08.03.2017 in the contempt case. Since the respondent has passed order dated 08.03.2017 in pursuance to the orders passed by this Court, I do not see any violation of the orders passed by this Court. Accordingly, the Contempt Case is dismissed. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the Contempt Case, shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 12.03.2018 t k.