IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 31ST DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH CCC NO.4 OF 2018 AND CCC NOS.24-34 OF 2018 (CIVIL) BETWEEN:
1. A. AMRUTHARAJ SON OF LATE ANANDA RAJ AGED ABOUT 42 YEARS REVENUE INSPECTOR OFFICE OF THE ASSISTANT REVENUE OFFICE HEBBAL SUB-DIVISION J.C. NAGAR BENGALURU-560 006.
2. NANJAPPA H SON OF LATE HUTCHAPPA REVENUE INSPECTOR OFFICE OF THE ASSISTANT REVENUE OFFICER GANDHINAGAR GOODSHED ROAD, BBMP BENGALURU-560 001.
3. POONAM B. DESHANNAVAR DAUGHTER OF B.S. DESHANNAVAR AGED ABOUT 34 YEARS HEALTH INSPECTOR OFFICE OF THE MOH CHIKKPET DIVISION, J.C. ROAD BENGALURU-560 006.
4. NARASIMHA RAO N SON OF NAGARAJU AGED ABOUT 30 YEARS OFFICE OF THE DEPUTY COMMISSIONER (ADMINISTRATION) NR SQUARE, BBMP BENGALURU-560 001.
5. RAKESH SON OF LATE DEVARAJ AGED ABOUT 29 YEARS SECOND DIVISION ASSISTANT OFFICE OF THE ASSISTANT REVENUE OFFICER MARUTHISEVA NAGAR SUB-DIVISION BBMP COX TOWN BENGALURU-560 005.
6. K.G.RAVI SON OF LATE K.M.GOPAL AGED ABOUT 41 YEARS ASSESSOR OFFICE OF THE ARO BBMP COX TOWN BENGALURU-560 005.
7. GEETHA H WIFE OF ANIL KUMAR AGED ABOUT 31 YEARS JUNIOR HEALTH INSPECTOR OFFICE OF THE AEE SWM BASAVANAGUDI DIVISION NO.3, 2ND CROSS BEML LAYOUT, RR NAGAR BBMP, BENGALURU-560 098.
8. SHILPA N WIFE OF NARSULLA AGED ABOUT 35 YEARS OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER GORAGUNTE PALYA SUB-DIVISION RR NAGAR, BBMP BENGALURU-560 022.
9. D.RAMACHANDRA SON OF LATE DODDAIAH AGED ABOUT 49 YEARS TAX INSPECTOR OFFICE OF THE ASSISTANT REVENUE OFFICER (WEST) MARKET, CITY MARKET BENGALURU-560 002.
10. RENUKAMBA R DAUGHTER OF RADHA KRISHNA M C AGED ABOUT 33 YEARS OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER VASANTH NAGAR SUB-DIVISION BENGALURU-560 020.
11. SUDHAKAR SON OF SIDDAPPA AGED ABOUT 55 YEARS CNS VENKATASWAMY GARDEN JJ NAGAR, BBMP BENGALURU-560 078.
...COMPLAINANTS (BY SRI:S.SRINIVAS, ADVOCATE) AND:
SRI MAHENDRA KUMAR JAIN SECRETARY TO URBAN DEVELOPMENT DEPARTMENT VIKAS SOUDHA BENGALURU-560 001.
...ACCUSED (BY SRI:A.C.BALARAJ, HIGH COURT GOVERNMENT PLEADER FOR A1 AND A2) THESE CCCs ARE FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT PRAYING TO INITIATE CONTEMPT PROCEEDING AGAINST THE ACCUSED FOR SHOWING WILLFUL DIS-RESPECT AND DISOBEDIENCE TO THE ORDER DATED 29.09.2015 PASSED BY THIS HON'BLE COURT IN WRIT APPEAL NO.2228 TO 2266 OF 2015 (S-RES) VIDE ANNEXURE-A TO THIS PETITION AND ALSO TO ORDER DATED 06.07.2017 PASSED IN CCC NOS.1207 AND 1209-1224 OF 2016.
***** THESE CCCs COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER These petitions are filed on the ground that the order dated 29.09.2015 passed in Writ Appeal Nos.2228 to 2266 of 2015 by the learned Division Bench and also the order dated 06.07.2017 passed in CCC Nos.1207 and 1209-1224 of 2016 by the learned Division Bench, have been disobeyed.
2. We have considered the said orders. The direction therein was to the authority to take a decision as to, whether to amend the Rules or not to amend the Rules within four months.
3. A counter affidavit has been filed by the accused. It is stated in the affidavit that a decision has been taken and they have sought to amend the Rules. Objections have been called for. It is in the process of amendment, in accordance with law.
4. On considering the contentions, we do not find any grounds to proceed further. The direction being merely to take a decision and the said decision having been taken, the complainants cannot insist that the same be given a logical end. That is not the direction that has been issued. Even otherwise, the act of the respondents is purely in accordance with law. The amendment are in process and being considered.
Hence, the proceedings are dropped.
Sd/- Sd/-
JUDGE JUDGE *bgn/-