Research › Search › Judgment

Karnataka High Court · body

2025 DIGILAW 1053 (KAR)

State Of Karnataka, Rep. By Its Principal Secretary Urban Development Department v. Siraj, S/O Late Md. Ismail

2025-11-10

ANU SIVARAMAN, VIJAYKUMAR A.PATIL

body2025
JUDGMENT : ANU SIVARAMAN, J. Heard the learned counsel for the complainants in contempt of Court case Nos.769/2024, 819/2024 and 820/2024. We have also heard the learned Additional Government Advocate appearing for the respondents in the said complaints and for the appellants in W.A.Nos.1783/2024, 1776/2024 and 1813/2024. 2. We have considered the contentions on record. We notice that along with the appeals, delay applications seeking condonation of delay of 524 days in W.A.No.1783/2024, 536 days in W.A.No.1776/2024 and 494 days in W.A.No.1813/2024, have been filed seeking to condone the delay in filing the appeals as against the orders passed by the learned Single Judge in individual writ petitions. 3. W.A.No.1783/2024 is filed against judgment dated 12.04.2023 in W.P.No.14122/2020, W.A.No.1776/2024 is filed against judgment dated 06.04.2023 in W.P.No.3461/2021 c/w W.P.No.253/2021 while W.A.No.1813/2024 is filed against judgment dated 05.06.2023 in W.P.No.13863/2020. 4. We notice that in the said judgments, the learned Single Judge, relying on the judgment dated 05.04.2023 passed in W.P.No.3672/2021 and connected cases, had allowed the writ petitions directing that the petitioners are entitled to the benefit as granted to the petitioners in W.P.No.3672/2021 and connected cases. The learned counsel appearing for the complainants in the contempt of Court cases submits that the judgment in W.P.No.3672/2021 and connected cases has been complied by order dated 22.05.2023 of the Mysore Mahanagara Palike, Mysore, by regularising all the petitioners in the batch of writ petitions and granting them all the monetary benefits of such regularisation. It is submitted that the said order was not challenged and had been fully implemented by the Mysore Mahanagara Palike, Mysore. Thereafter, relying on the very same judgment, the learned Single Judge had disposed of the captioned writ petitions as well. However, the said directions were not complied with. The three contempt of Court cases came to be filed alleging non-compliance of the directions of the learned Single Judge. The co-ordinate Bench of this Court, by its order dated 12.11.2024 recorded these facts and deprecated the conduct of the State Government and the endorsement issued by it. However, the said directions were not complied with. The three contempt of Court cases came to be filed alleging non-compliance of the directions of the learned Single Judge. The co-ordinate Bench of this Court, by its order dated 12.11.2024 recorded these facts and deprecated the conduct of the State Government and the endorsement issued by it. It was found that in view of the fact that the judgment which was relied on by the learned Single Judge had not been challenged and had been fully implemented, there was absolutely no justification for the Government to have taken the stand that the complainants were not entitled to the benefit of regularisation and identical reliefs as has been granted to the petitioners in W.P.No.3672/2021 and connected cases. The order also reads as under: "5.4 According to this Court, the said order/endorsement insofar as it opines to deny the benefit to the said Smt.Umadevi on the grounds stated is an affront to the Court’s directions is contumacious and partakes contempt of Court. 5.5 However, an opportunity is given to the said authority to cure the contemptuous conduct on his part. Before any further action is taken, it would be open for the said authority to take remedial action and pass fresh order before the next date of posting of the present proceedings." 5. Further, the benefits which were liable to be paid to the complainants were also directed to be calculated and deposited before this Court, which, according to the learned Additional Government Advocate has already been done. 6. It is thereafter that the writ appeals have been filed, with long delay. Having considered the contentions advanced, we notice that the learned Single Judge had disposed of the writ petitions relying on the judgment in W.P.No.3672/2021 and connected cases. The said judgment has attained finality and has also been fully implemented by the Mysore Mahanangara Palike, Mysore. 7. In the above view of the matter, we are of the opinion that there is absolutely no merit in the writ appeals filed by the State Government. The writ appeals and the delay applications therefore, stand dismissed. The respondents shall immediately implement the orders of the learned Single Judge. 7. In the above view of the matter, we are of the opinion that there is absolutely no merit in the writ appeals filed by the State Government. The writ appeals and the delay applications therefore, stand dismissed. The respondents shall immediately implement the orders of the learned Single Judge. The amount in deposit before this Court pursuant to the orders in the contempt of Court cases shall be released by the Registry to the respective complainants and the said amount shall also be taken as part of the amounts due as per the judgments. Further amounts, if any shall be paid within six weeks from today. The contempt petitions are disposed of accordingly. All pending interlocutory applications shall stand dismissed.