IN TFIE HIGH COURT GE KARNATAKA CIRCUIT BENCH AT DIIARWAD DATED TI11 THE 2 DAY AUGUST. 2011 PR E S E N T THE FION’BLE \IR. JUSTICE V.0. SABHAHIT AND TIlE HONJ3LE MR.JLSTICE B. MANOFIAR C•c.c. No.27]2O11LCivi1I Be t we e n: K. Lakshmi Naravan, Age: about 56 years, R 0. Ramulamma Palace, Near Durgamnia Temple, Bellarv. CO M LA I N A NT (By Sri Su resh N. Kini. Advocate) And: 1. P. GadeppaS/o. PoojariObanna. Ac: about 30 ars. R o. ka I Roa (1. Gandhi Nagar, Hello r 2. The Bellary City Municipal Corporation. Bellary. Represented by its Commissioner. NI r. D. L. N arav an a. ACCUSED This CCC is filed under Sections 1 and 12 of Contempt of Courts Act, 1971. P w Article 2 15 of the Constitution of India, praying to initiate Contempt proceedings against the accused No. I and 2 for the willful and deliberate disobedience and violation of the final order dated 07 / 03/2011 in \Vrit Petition No.65068/2010 (LB. RES)., produced herewith and marked as Annexure-A. passed by this Hon’ble Court and -2- punish the accused under the provisions of the contempt of Court Act. 1971. This CCC coming on for orders this day, V.Q.SABHAHIT.J, made the following: ORDER This petition is filed alleging disobedience to the order passed by this Court in Writ Petition No.65068/2010 dated 07/03/2010 wherein recording the submission of the learned counsel for respondent NO.2- Bellary City Municipal Corporation, writ petition was disposed of holding that nothing further survives for consideration. This petition is filed contending that though learned counsel for respondent No.2 had made a submission before this Court, which is in the nature of undertaking that they would initiate action against first respondent, no action has been taken and therefore contempt petition is filed for disobedience tO the submission and undertaking given before this Court on behalf of the respondent No.2 2. We have heard the learned counsel appearing for the complainant. -3- 3. Learned counsel reiterated the averments made in the complaint and submitted though there is no direction against respondent Nc). 1. he has been impleaded as an aecused/contemdor and respondent No.2 has not taken action as submitted before this Court datcd 07/03/2011. 4. We have given careful consideration to the contentions of the learned counsel appearing for the petitioner and the order passed by this Court in Writ Petition No.65068/20 10 dated 07/03/2011 reads as follows: “Recording the submission of learned counsel for Respondent No.2-Bellary City Municipal Corporation that action would be initiated against the 1st respondent pursuant to the order dated 10/09/2007 Annexure ‘F. nothing survives for consideration in this petition and is accordingly, disposed of.” 5. In view of the above said order, it is clear that there is no direction issued by this Court and wherefore the question of disobedience to the direction issued by this Court would not arise. If action is not taken as per the submission of the counsel, it is always open to the petitioner-complainant to work out his remedy in accordance with law and we do not find that any ground is made out for initiating contempt proceedings under Sections 11 and 12 of the Contempt of Court Act or under Article 215 of the Constitution of India. Accordingly, petition is dismissed. However, dismissal of the contempt petition would not preclude the petitioner-complainant to workout his remedy in accordance Tjth law. Sd,’ JUDGE kmv Sd,’ JUDGE