IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 PRESENT THE HON'BLE MR. JUSTICE ARAVIND KUMAR AND THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ C.C.C. NO.1750 OF 2019 (CIVIL) BETWEEN:
MR. ABDUL SUBHAN S/O MOHAMMED DASTAGIR AGED: ABOUT 85 YEARS RESIDING AT NO.1 “C” OPPOSITE BIBI FATHIMA I.T.I, 4TH J.M. MAIN ROAD GANGADHARNAGAR J.P.NAGAR POST BENGALURU-560078 ... COMPLAINANT (BY SRI.MOHAMMED DASTAGIR, ADVOCATE) AND:
SRI. PRAMOD J AGED: MAJOR ASSISTANT DIRECTOR OF LAND RECORDS & TECHNICAL ASSISTANT TO THE ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER PANDAVAPURA SUB DIVISION PANDAVAPURA-571434 ... ACCUSED (BY SRI. V. SREENIDHI, AGA) THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THEM IN ACCORDANCE WITH LAW FOR HAVING WILLFULLY BREACHED THE UNDERTAKING GIVEN TO THIS HON’BLE COURT ON 05.10.2018 IN THE COMMUNICATION FILED BY THE ACCUSED NO.6 IN W.P.NO.12285/2018, AND VIOLATING THE ORDERS OF THIS HON’BLE COURT DATED 05.10.2018 IN W.P.NO.12285/2018.
THIS CCC COMING ON FOR ORDERS THIS DAY, ARAVIND KUMAR, J., PASSED THE FOLLOWING:-
O R D E R
Directions issued by the learned Single Judge in W.P.No.12285/2018 on 05.10.2018 was to the effect that respondent No.6 should complete phodi and durasth work within the stipulated period of one year.
2. Learned Additional Government Advocate has filed a counter affidavit enclosing the copy of phodi and durasth work executed in respect of land bearing Sy.No.105 of Gananguru Village, K.Shettyhalli-2 Hobli, Srirangapatna Taluk, Mandya District. The delay in complying the direction has been explained in Paragraph No.4 of the counter affidavit and unconditional and unqualified apology tendered is accepted.
3. In the light of phodi and durasth work having been completed, we do not propose to continue these proceedings. Accordingly, contempt proceedings are dropped.
However, petitioner would be at liberty to challenge the correctness or otherwise of phodi and durasth work carried out by respondents if aggrieved by the same.
Sd/- JUDGE Sd/- JUDGE Prs*