Shri Honnappa Ramayya Naik vs. The State Of Karnataka

Facts

The petitioner, Shri. Honnappa Ramayya Naik, filed a Civil Contempt Petition (CCC No. 100167 of 2025) against the State of Karnataka and G. Lokesh, Executive Engineer, alleging violation of a High Court order dated 13.10.2023 in W.P. No. 106345/2023. The contempt petition was filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, and Article 215 of the Constitution of India. The core of the dispute appears to be related to the reimbursement of GST amount. During the proceedings, an office objection was raised regarding the limitation period for filing the contempt petition. The petitioner's counsel acknowledged this objection.

Held

The Court noted that the petitioner's counsel accepted the office objection that the contempt petition was filed beyond the period of limitation. While the petitioner sought liberty to withdraw the contempt petition and file a fresh representation for reimbursement of the GST amount, the Court held that such liberty could not be granted in a contempt petition. Instead, the Court granted liberty to the petitioner to file an application before the learned Single Judge seeking an extension of time for compliance with the original order. Accordingly, the contempt petition was disposed of as withdrawn with this liberty reserved.

Key Issues

1. Whether the contempt petition has been filed within the prescribed period of limitation under the Contempt of Courts Act, 1971? The petitioner argued that the contempt petition was filed within the limitation period. However, upon an office objection being raised, the petitioner's counsel accepted that the petition was filed beyond the period of limitation. The petitioner sought leave to withdraw the contempt petition and liberty to file a fresh representation for reimbursement of the GST amount from the respondents. The revenue or State did not record any specific arguments in the judgment regarding the limitation period or the petitioner's request.