Karnataka High Court
CCC/908/2024 of T VENKATALAKSHMAMMA Vs SRI RITHESH KUMAR SINGH on 22 September 2026
CNR: KAHC010498432024 NC: 2026:KHC:52145-DB CCC No. 908 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN CIVIL CONTEMPT PETITION NO. 908 OF 2024 BETWEEN: 1. T
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
CIVIL CONTEMPT PETITION NO. 908 OF 2024
BETWEEN:
1.
T VENKATALAKSHMAMMA
TEACHER,
AGED ABOUT 59 YEARS,
YELLAMMA PRE PRIMARY SCHOOL,
GULPET, KOLAR TOWN,
KOLAR - PIN 563001.
…COMPLAINANT
(BY SRI. S NAVEEN KUMAR., ADVOCATE)
AND:
1.
SRI RITHESH KUMAR SINGH
THE SECRETARY,
STATE OF KARNATAKA,
DEPARTMENT OF PRIMARY AND
HIGHER EDUCATION,
M S BUILDING, DR AMBEDKAR ROAD,
BANGALURU 560001.
2.
KAVERE
THE COMMISSIONER,
DEPT. OF PUBLIC EDUCATION,
NRUPATHUNGA ROAD,
BANGALURU - 560001.
3.
SRI KRISHNA MURTHI
THE DEPUTY DIRECTOR OF
Digitally signed
by VASANTHA
KUMARY B K
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
PUBLIC INSTRUCTION,
KOLAR DISTRICT,
KOLAR 563101.
4.
SRI KANNAIAH
THE BLOCK EDUCATION OFFICER,
KOLAR TOWN,
KOLAR
…ACCUSED
5.
GOVENMENT OF KARNATAKA
DEPARTMENT OF PRIMARY AND
HIGHER EDUCATION
M.S.BUILDING
DR.AMBEDKAR ROAD
BENGALURU-560 001
BY ITS SECRETARY
…PROFORMA
RESPONDENT No.5
(VIDE ORDER DATED 18.09.2025, SRI.BHAIRAV KUTTAIAH, AGA FOR ACCUSED-1 TO 4 AND RPOFORMA R5)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURT ACT, BY THE COMPLAINANT, WHEREIN
PRAYS THAT THE HON'BLE COURT BE PLEASED TO PUNISH THE
ALL ACCUSED FOR HAVING DELIBERATELY VIOLATED THE
DIRECTION OF THE LEARNED SINGLE JUDGE PASSED IN
W.P.NO.2121/2018 DATED 16.01.2021.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
HC-KAR
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present contempt petition has been filed alleging willful disobedience/non compliance of the order dated 16.01.2021 passed by the writ Court in W.P.No.2121/2018 (S- RES) filed by the complainant. The operative portion of the said order reads as under:-
"ORDER
a. The writ petition is allowed in part.
b. The communications dated 05.01.2017 and 31.01.2017, issued by the Government to the fifth respondent - School are quashed.
c. The Government is directed to consider the case of the petitioner as is done in the case of Smt. C. Sulochana and pass appropriate orders within two months from the date of the receipt of a copy of the order."
2. Under Section 20 of the Contempt of Courts Act, 1971, (for brevity 'the Act') the limitation to invoke the contempt
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jurisdiction is one year from the date, when the cause of action for invoking such contempt jurisdiction arises.
3. The present contempt petition has been filed on 24.08.2024 with an application under Section 5 of the Limitation Act seeking to condone the delay of 210 days in filing the contempt petition beyond the limitation of one year as prescribed under Section 20 of the Act. In this contempt petition one year from the date of the order 16.01.2021 would expire on 15.03.2022.
4. It is well settled law that the contempt proceedings are the original proceedings under the Act and there is no provision for application of Section 5 of the Limitation Act.
5. We are therefore, of the view that this contempt petition is not maintainable as it has been filed beyond the period of one year as prescribed under Section 20 of the Act.
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6. Accordingly the contempt proceedings are dropped as barred by limitation.
Sd/- (D K SINGH) JUDGE
Sd/- (H.SHANTHI BHUSHAN) JUDGE
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