IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD CCC NO.1837 OF 2017 (CIVIL) BETWEEN:
MR. AZMATH PASHA SON OF LATE M. R. MOHAMED ISMAIL, AGED ABOUT 51 YEARS, RESIDING AT # 12/123, K.S.R.T.C. ROAD, K.P. MOHALLA, CHAMARAJANAGAR-571 313.
(BY SRI P. MAHESHA, ADVOCATE) AND:
1. MS. LATHA KRISHNA RAU G., IAS AGED ABOUT 40 YEARS, SECRETARY, THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M. S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
... COMPLAINANT 2. SRI B. RAMU AGED ABOUT 55 YEARS, THE DEPUTY COMMISSIONER, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571 313.
3. M. RAJANNA AGED ABOUT 56 YEARS, CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571 313, REPRESENTED BY ITS COMMISSIONER.
4. SMT. SHOBHA AGED ABOUT 45 YEARS, THE PRESIDENT, CHAMARAJANAGAR TOWN MUNCIPAL COUNCIL, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR-571 313.
5. P. GANESHA AGED ABOUT 51 YEARS, THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR-571 313.
6. SRI DHARMENDRAKUMAR MEENA AGED ABOUT 48 YEARS, THE SUPERINTENDENT OF POLICE, CHAMARAJANAGARA DISTRICT, CHAMARAJANAGAR-571 313.
7. SRI LAKSHMAN NAIK AGED ABOUT 55 YEARS THE COMMISSIONER, URBAN DEVELOPMENT AUTHORITY, CHAMARAJANAGAR-571 313.
8. SMT. SHAILAJA AGED ABOUT 53 YEARS SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGH WAYS AUTHORITY, HW 209, #37, SRI BAIRAVESHWARA COMPLEX, APPAJI NURSING HOME ROAD, MALAVALLI, MANDYA DISTRICT-573 231.
(ACCUSED NO.8 IS DELETED VIDE COURT ORDER DATED 28.05.2018) ... ACCUSED (BY SRI SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR A-2 AND A-6; SRI R. V. NAIK, ADVOCATE FOR A-8;
A-5 SERVED) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING WILLFULLY DEFIANCE AND DELIBERATELY DISOBEYED THE UNDER TAKING ORDER/DIRECTIONS ISSUED BY THIS HON'BLE COURT DATED 02.12.2016, IN WRIT PETITION NOS.44815-44826 OF 2016 CONNECTED WITH OTHER WRIT PETITION VIDE ANNEXURE-A AND ETC.
***** THIS CCC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed on the ground that the order dated 02.12.2016, passed in Writ Petition Nos.44815-826 of 2016 and connected petition, has been disobeyed by the accused.
2. In terms of the aforesaid order, various directions were issued including that, the petitioners to file objections before the Deputy Commissioner. That the Deputy Commissioner to consider the same and if the petitioners are found to be encroachers, time be granted, etc. In response a memo is filed along with the order of the Deputy Commissioner dated 09.10.2017.
3. A counter affidavit has been filed on 03.01.2018, by the Deputy Commissioner, Chamarajanagar District. Another Affidavit dated 29.01.2018, is filed by the Deputy Commissioner, Chamarajanagar enclosing various documents. Yet another Affidavit is filed on 15.02.2018, along with various Annexures by the Tahsildar, Chamarajanagara Taluk, Chamarajanagara. On 26.03.2018, a memo is filed along with a copy of the proceedings dated 19.02.2018 with regard to the valuation of the buildings and with regard to payment of compensation to 24 complainants and others.
4. On 28.05.2018, another memo is filed producing the photo copies of the cheuqes in favour of the six complainants. Yet another counter affidavit is filed on 04.12.2018, by the Talhsildar enclosing various documents therein with regard to the compliance of the order passed by the learned Single Judge.
5. On considering all these affidavits and the annexed documents, we are of the view that there is no contempt that the respondents have committed to proceed against them. In view of the affidavits filed, the proceedings are dropped.
Sd/- Sd/-
JUDGE JUDGE JJ