High CourtsDivision Bench(2011) 11 KAR CK 0105

Mudalagiriappa vs Smt. Deepti Mahendra, Assistant Commissioner, Madhugiri Sub Division, Madhugiri - 572 132 Tumkur District and Sri. Puttappa, Executive Engineer, Zilla Panchayat Sub Division, Madhugiri - 572 132 Tumkur District

Karnataka High Court · Decided on 21 November 2011

HON’BLE JUDGES
V.G. Sabhahit, J · S.N. Satyanarayana, J
RESULT
Dismissed
CASE NUMBER
C.C.C. No. 1543 of 2011 (Civil) A/w I.A.I of 2011

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Judgment

4 paragraphs · 183 words

V.G. Sabhahit

1.

Heard on the application, I.A.I/2011 filed for condoning the delay of 915 days in filing the contempt petition.

2.

It is well settled that in view of the provisions of Section 20 of Contempt of Courts Act, the contempt petition has to be filed within one year from the date of disobedience of the direction issued by this Court and since there is delay of more than one year in filing the contempt petition, question of condoning the delay does not arise and when the delay cannot be condoned, there is no question of filing an application for condonation of delay. We do not find any ground to initiate action under Article 215 of the Constitution of India.

3.

Accordingly the application, I.A.I/2011 filed for condoning the delay of 915 days is dismissed and consequently the contempt petition is also dismissed. However, dismissal of the contempt petition would not prevent the complainant to work out his remedy, in accordance with law, including filing of an application to revive the earlier order, if liberty is granted in the earlier contempt petition.