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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 5TH DAY OF DECEMBER, 2017 PRESENT THE HON’BLE MRS. JUSTICE S.SUJATHA AND THE HON’BLE Dr. JUSTICE H. B. PRABHAKARA SASTRY CCC NO.100282/2017(CIVIL) & 100288-305/2017 BETWEEN: 1. SRI. VINAY POTAGOLI, S/O ALFRED POTAGOLI, AGED ABOUT 32 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI, R/O. HOUSE NO.56. GOLDEN PARTK, VIJAYANAGAR EXTENSION, HUBBALLI-580032, DHARWAD DIST.
SRI.CHANDRAKANT BAJANTRI S/O ADIVEPPA, AGED ABOUT 35 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI. R/O. HOUSE NO.12, BLOCK NO.2, CLASS-C, QUARTERS KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST.
SRI.DINESH K.N. S/O NARASHIMA BHANDARI, AGED ABOUT 33 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI, R/O. HOUSE NO.16, BLOCK NO.2, CLASS-C, QUARTERS KIMS CAMPUS, HUBBALLI-580022,
2 DHARWAD DIST.
SMT.SOPHIA KRBY. D/O SUMANT. AGED ABOUT 45 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI, R/O. C/O. SATISH S THITE. UDAYANAGAR, SADANAKERI. DHARWAD. 580008. DHARWAD. DIST.
SMT.SARASWATI KASHENNAVAR. D/O ARJUON KASHENNVAR. AGED ABOUT 34 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI. R/O. HOUSE NO.7, BLOCK NO.2, CLASS-C, QUARTERS KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST.
SMT.ELIZABETH SALER. D/O ROBERT. AGED ABOUT 31 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI. R/O. HOUSE NO.12, BLOCK NO.3, CLASS-C, QUARTERS KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST.
SMT.SUNITHA KAMBLE. D/O BASAVANNI. AGED ABOUT 39 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI. R/O. C/O. HEMANDRA B. SHET. HOUSE NO.303, 3RD CROSS, OPP. INCOME TAX OFFICE. VIDYANAGAR-HUBLI. 580021.
3 DHARWAD. DIST.
SMT.CHANNAMMA HARIJAN. D/O GOVIND. AGED ABOUT 31 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI. R/O. HOUSE NO.6, CLASS-C, QUARTERS KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST.
SMT.RENUKA BALLARY. D/O MALLIKARJUNA. AGED ABOUT 35 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI. R/O. C/O. SULOCHANA M.BALLARY, SOMESHWAR NAGAR, HUGAR PLOT, GIRIYAL ROAD. OLD HUBBALLI. 580024. DHARWAD. DIST.
SMT.PARVATHMMA K. D/O NINGACHAR K.
AGED ABOUT 32 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI. R/O. HOUSE NO.12, BLOCK NO.1, CLASS-C, QUARTERS KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST.
SMT.SUMANGALA NEERAJIDDI. D/O. MAHADEVAPPA. AGED ABOUT 30 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI. R/O. HOUSE NO.10, BLOCK NO.3, CLASS-C, QUARTERS KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST.
SMT.NEELAVATHI G. D/O KGURUSWAMY G.
AGED ABOUT 31 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI, R/O. C/O. SRINIVAS TELAGU, FISH MARKET ROAD. MANIKILLA, DHARWAD.580008. DHARWAD. DIST.
SMT.RAJESHWARI B.C. D/O BANGARAPPA. AGED ABOUT 31 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI, R/O. HOUSE NO.17, BLOCK NO.1, CLASS-C, QUARTERS KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST.
SMT.RASHMI SHENDAGI D/O NAGENDRA. AGED ABOUT 31 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI, R/O. HOUSE NO.5, BLOCK NO.1, CLASS-C, QUARTERS KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST.
SHIVANANDA HONAKERI. S/O. HARISCHANDRA. AGED ABOUT 32 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI, R/O. HOUSE NO.2, BLOCK NO.2, CLASS-C, QUARTERS KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST.
SRI.BASAVARAJ POOJARI, S/O REVAPPA POOJARI. AGED ABOUT 32 YEARS,
5 STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI, R/O. HOUSE NO.2, BLOCK NO.2, CLASS-C, QUARTERS KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST.
SRI.BASAVARAJ H. S/O HOLIBASAPPA.
AGED ABOUT 35 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI, R/O. HOUSE NO.7, BLOCK NO.1, CLASS-C, QUARTERS KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST.
SRI.BHARAT KALAL, S/O SRIMANT, AGED ABOUT 34 YEARS, STAFF NURSE FOR CATCH LAB. KIMS, HUBBALLI, R/O. HOUSE NO.9, BLOCK NO.3, CLASS-C, QUARTERS KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST.
SRI. SHRIKANT YAKKUNDI
S/O CHANNAPPA, AGED ABOUT 35 YEARS,
STAFF NURSE FOR CATH LAB,
KIMS, HUBBALLI, R/O HOUSE NO.302,
LIG, NAVANAGAR-HUBBALLI-25,
DIST-DHARWAD.
... COMPLAINANTS BY SRI. SANTOSH NARGUND, ADV.)
AND:
DR. DATTATREYA BUNT THE DIRECTOR, THE KARNATAKA INSTITUTE OF MEDICAL SCIENCE, (KIMS), HUBBALLI-580022.
BASAVARAJ SOMANNAVAR
6 THE CHIEF EXECUTIVE OFFICER, THE KARNATAKA INSTITUTE OF MEDICAL SCIENCE, (KIMS), HUBBALLI-580022.
... ACCUSED (BY SRI. VIDYASHANKAR G DALWAI, ADV.)
THESE CCCs ARE FILED UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING THIS HON'BLE COURT TO, EXERCISE ITS JURISDICTION UNDER SECTION 12 OF THE CONTEMPT OF COURTS ACT AND TO, PUNISH THE ACCUSED NO.1 AND 2 HEREIN FOR VILOLATING THE ORDER PASSED BY THIS HON'BLE COURT IN WP.NO.103030-103034/2016 DATED:19.10.2016 AS PER ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY
THESE CONTEMPT PETITIONS COMING ON FOR ORDERS THIS DAY, S.SUJATHA J., DELIVERED THE FOLLOWING:
ORDER
These contempt petitions are filed alleging the disobedience of the order dated 19.10.2016 passed by the learned Single Judge in WP No.103030-103034/2016 (S-Pro).
Heard the learned counsel for the parties.
Learned counsel for the accused has filed reply along with the compliance order dated 4.12.2017.
7 4. In view of the order of the compliance as aforesaid, we do not find any merit to proceed with the contempt petition. Accordingly, the contempt petitions are dismissed with liberty to the complainants/petitioner to resort to appropriate proceedings, if they are aggrieved by the compliance order.
In view of dismissal of the contempt petitions, IA No.1/2017 is consigned to file.
Sd/- JUDGE
Sd/- JUDGE
JTR