IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 8th DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD CCC NO. 1220 OF 2018 (CIVIL) BETWEEN:
SMT. B. S. LATHA WIFE OF N.MANJUNATHA AGED ABOUT 40 YEARS RESIDING AT DOOR NO. 2888/1 NEAR YASHASVINI SAMUDYA BHAVAN OLD HEMAGIRI ROAD HEMAVATHI EXTENSION K.R. PET TOWN – 571 401 MANDYA DISTRICT.
... COMPLAINANT (BY SRI. VASUNI MOHAN, ADVOCATE FOR SRI. M. N. RAO, ADVOCATE) AND:
1. SRI. MURTHY CHIEF OFFICER, TOWN MUNICIPAL COUNCIL K.R.PET TOWN – 571 401.
K.R.PET TALUK, MANDYA DISTRICT.
2. SMT. P.K. LEELAVATHI WIFE OF CHANNEGOWDA RESIDING AT DOOR NO.2888/3 NEAR YASHASVINI SAMUDAYA BHAVAN OLD HEMAGIRI ROAD, HEMAVATHI EXTENSION, K.R.PET TOWN, 571401, K.R.TALUK MANDYA DISTRICT.
.. ACCUSED (BY SRI. H. PAVANA CHANDRA SHETTY, ADVOCATE FOR ACCUSED NO.1 SRI. B.K. MOHAN, ADVOCATE FOR ACCUSED NO.2) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO TAKE COGNIZANCE OF THE WILLFUL, DELIBERATE DISOBEDIENCE AND BREACH COMMITTED BY THE ACCUSED NOS.1 AND 2 OF THE ORDER DATED 30.08.2017 PASSED IN WRIT PETITION NO.39097 OF 2017 (LB) ON THE FILE OF THIS HON'BLE COURT VIDE ANNEXURE-A.
THIS CCC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This contempt petition is filed on the ground that the order dated 30.08.2017 passed by the learned Single Judge in Writ Petition No.39097 of 2017, has been disobeyed.
2. Smt. Vasuni Mohan, learned counsel appearing for the complainant, relies on paragraph-8 of the order and submits that demolition has taken place. The same is disputed by the counsel for the accused.
3. We have read the said order. In paragraph 6, the respondent – Chief Officer of the Town Municipal Council, K.R. Pet, Mandya District, accused No.1 herein, was directed to remain present before the Court and it is also noted that illegal constructions have been put up. In paragraph - 8, it was directed that no further construction should be put up.
4. Counsel for accused Nos.1 and 2 submits that illegal construction has been demolished and no further constructions are being put up.
5. In view of the same, and the direction by the court that no further construction should be put up, we do not find any ground to proceed further in the matter. Proceedings are dropped.
Pending application stands dismissed.
SD/- SD/-
JUDGE JUDGE SA