Mudavath Govindamma vs. K.S.Lavanna
Held
The Court noted that the present Contempt Case was filed alleging willful default and disobedience in implementing the court's order. The counsel for the petitioners stated that the respondent has now implemented the order by allotting shops to the petitioners. Regarding the issue of discrimination in rents, the Court held that the petitioners can avail appropriate remedies available under law. Therefore, the Court found no grounds to proceed with the contempt petition on the alleged discrimination in rent, as it falls outside the scope of contempt proceedings. The Court closed the Contempt Case.
Facts
This Contempt Case (CC) was filed alleging willful and deliberate flouting of a previous order dated 09-05-2023 passed by the High Court in Writ Petition (WP) No. 24047 of 2022. The petitioners in the CC are also petitioners in the WP. The respondent, according to the petitioners' counsel, has implemented the court's order by allotting five shops. However, petitioners 1, 2, and 5 in the WP were allotted shops in Siddaramappa Complex at a monthly rent of Rs. 5,500/-. In contrast, petitioners 3 and 4 in the WP (who are the petitioners in the present CC) were allotted two shops at a monthly rent of Rs. 11,000/- plus applicable GST. The petitioners in the CC contend that this disparity in rent constitutes discrimination.
Key Issues
1. Whether the respondent has willfully and deliberately flouted the order dated 09-05-2023 passed by this Court in W.P.No.24047 of 2022, thereby committing contempt of court? Petitioner's contention: The respondent has discriminated against petitioners 3 and 4 in the present Contempt Case by allotting them shops at a higher rent (Rs. 11,000/- + applicable GST) compared to other petitioners (1, 2, and 5) in the original Writ Petition who were allotted shops at a lower rent (Rs. 5,500/-), despite the court order being implemented. Revenue/State's contention: Not recorded in the judgment.
Sections Cited
GST
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HON’BLE SRI JUSTICE K.SURESH REDDY
CONTEMPT CASE NO.5597 OF 2023
ORDER:-
This Contempt Case is filed alleging willfully and deliberately flouting the order, dated 09-05-2023, passed by this court in W.P.No.24047 of 2022. Today, when the matter is taken up for hearing, the learned counsel for the petitioners states that the sole respondent has implemented the order by allotting five shops in favour of the petitioner Nos.1 to 5 in W.P.No.24047 of 2022. But, petitioner Nos.1, 2 and 5 in W.P.No.24047 of 2022 were allotted shops in Siddaramappa Complex on a monthly rent of Rs.5,500/- per month. Per contra, petitioner Nos.3 and 4 in W.P.No.24047 of 2022, who are petitioners in the present Contempt Case, were allotted two shops on a monthly rent of Rs.11,000/- + applicable GST per month. Accordingly, as per the contention of the learned counsel for the petitioners in the present Contempt Case, discrimination was shown in favour of the petitioners in the present Contempt Case.
2
This Court perused the entire material available on record. The present Contempt Case is filed alleging willful default and disobedience on the part of the respondent in i
The judgment continues below.
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