IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY 2017 PRESENT THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE N.K. SUDHINDRARAO CCC.No.913/2015 AND CCC.Nos.927-948/2015 (CIVIL) BETWEEN:
1. BANGALORE NAGARA & GRAMANTHARA JILLE, SHREE SWAMY VIVEKANANDA PARISHISTHA JATHI PARISHISTHAVARGAGALA KSHEMA ABHIRUDDHI SANGAHA (R) NO.393/40-1, 1ST FLOOR 19TH MAIN ROAD RAJAJINAGAR BENGALURU-560 010 REP. BY ITS MEMBER SMT SUBHADRA W/O C S SACHIDANANDA AGED ABOUT 59 YEARS R/AT NO.39, 2ND CROSS 5TH MAIN, KATHRIGUPPE EAST BSK 3RD STAGE BENGALURU-560085 2. SMT. P LEELAVATHI W/O C S SACHIDANANDA AGED ABOUT 38 YEARS R/AT NO.64/C, 17TH ‘A’ CROSS 4TH STAGE, 4TH BLOCK BASAVESHWARANAGAR BENGALURU- 560 079.
3. SRI C P PRADEEP S/O PUTTASWAMI GOWDA AGED ABOUT 38 YEARS R/AT No.218/25 ‘C’ CROSS, A K COLONY, 1ST MAIN, BYATARAYANAPURA MYSORE ROAD BENGALURU- 560 026.
4. SMT. NAGAMMA W/O H M GANGAPPA AGED ABOUT 53 YEARS R/AT No.37, 19TH CROSS L R NAGAR, VIVEKANAGAR POST KORAMANGALA 1ST STAGE BENGALURU- 560 047.
5. SMT. RAJESHWARI D/O S N BALASUBRAMANYA AGED ABOUT 30 YEARS R/AT No.1, AGGA GARDER FOOD GODOWN ROAD SHANTHINAGAR BENGALURU – 560 027.
6. SRI VENKATESH MURTHY S/O MUDALAIAH AGED ABOUT 46 YEARS R/AT. No.2257, 6TH ‘A’ CROSS 2ND STAGE, KUMARASWAMY LAYOUT BENGALURU – 560 078.
7. SRI K P KESHAVA MURTHY S/O PUTTASWAMY GOWDA C N AGED ABOUT 41 YEARS R/AT NO.10, MUNESHWARA NAGAR HOSAKEREHALLI KEREKODI BSK 3RD STAGE BENGALURU - 560 085.
8. SMT. P SHAILAJA S/O PUTTEGOWDA AGED ABOUT 35 YEARS R/AT No.17, 20TH ‘K’ CROSS CHANDRA REDDY LAYOUT, EJIPURA BENGALURU – 560 047.
9. SMT. P NAGAMMA W/O LATE CHINNATAMBI REDDY AGED ABOUT 73 YEARS R/AT No.6, 1ST ‘B’ CROSS BEHIND SANDHYA TALKIES OLD MADIWALA BENGALURU- 560 068.
10. SMT. SHOBHA S GOWDA W/O SRINIVASA GOWDA AGED ABOUT 35 YEARS R/AT NO.1834, 3RD ‘A’ CROSS 2ND STAGE, 2ND BLOCK RAJAJINAGARA BENGALURU -560 010.
11. SMT. MEENAKSHI R W/O D K JANARDHAN AGED ABOUT 44 YEARS R/AT NO.23, 6TH CROSS 3RD MAIN, SREE RAMANAGARA ITTAMADU, BSK 2ND STAGE BENGALURU -560 085.
12. SMT. KONAMMA W/O M BABAIAH AGED ABOUT 63 YEARS R/AT No.17, 1ST MAIN SRINIVASA COLONY AREHALLLI, BENGALURU- 560 061.
13. SRI S S MALLAMMA W/O NAGARAJU AGED ABOUT 47 YEARS R/AT No.6/B, 18TH MAIN AVALAHALLI, MUNESHWARA BLOCK BENGALURU – 560 026.
14. SMT. C P LAVANYA W/O B L SURESH AGED ABOUT 35 YEARS R/AT NO.1/1, 1ST MAIN BYATARAYANAPURA NEW TIMBERYARD LAYOUT BUS STAND ROAD MYSORE ROAD BENGALURU -560 026.
15. SRI K S RAMU W/O SINGRI GOWDA, AGED ABOUT 63 YEARS, R/AT. NO.13/35, 1ST STAGE, HANUMANTHANAGARA, BENGALURU -560 019.
16. SRI CHANDRA REDDY S/O VENKATARAMA REDDY, AGED ABOUT 50 YEARS, R/AT.No.404/16, 18TH MAIN, 13TH CROSS, VENKATESHWARA LAYOUT, MADIWALA BENGALURU -560 068.
17. SMT. SARVAMANGALA W/O VENKATASWAMY, AGED ABOUT 50 YEARS, R/AT. No.248/A, 1ST ‘A’ MAIN, 1ST CROSS, SHIVANAGARA, RAJAJINAGAR WEST, BENGALURU -560 010.
18. SRI D PURUSHOTHAMA S/O DORESWAMY NAIDU, AGED ABOUT 59 YEARS, R/AT NO.16, 1ST ‘B’ MAIN, VIVEKANANDANAGARA, BENGALURU -560 085 19. SRI OBALESH S/O SAJJAPPA, AGED ABOUT 35 YEARS, R/AT No.182, BALAJI ROAD, ITTAMDU, BSK 3RD STAGE, BENGALURU -560 085 20. SMT. MAHALAKSHMI W/O K.M.RAJU, AGED ABOUT 43 YEARS, R/AT No.63, 19TH MAIN, GAJENDRA NAGARAM MUNESHWARA BLOCK, AVALAHALLI, BENGALURU -560 026.
21. SRI HARISH S/O MANJUNATH, AGED ABOUT 30 YEARS, R/AT No.5, ‘B’ STREET, SHANTHINAGARA BENGALURU -560 027.
22. SMT. NINGAMMA W/O CHENNA, AGED ABOUT 35 YEARS, R/AT NO. 16, 5TH MAIN, VIVEKANANDA NAGARA, KATHRIGUPPA BSK 3RD STAGE, BENGALURU -560 085.
23. SMT. R INDIRA W/O K CHANDRAPPA, AGED ABOUT 37 YEARS, R/AT No.47, SIDDHARTHA NAGAR, VIVEKANANDA NAGARA, KATHRIGUPPA, BENGALURU -560 085. …COMPLAINANTS (BY SRI H T VASANTH KUMAR, ADVOCATE) AND:
1. SRI SATHYAMURTHY PRINCIPAL SECRETARY, AGED ABOUT 55 YEARS THE STATE OF KARNATAKA HOUSING AND URBAN DEVELOPMENT VIKASA SOUDHA, 4TH FLOOR DR.AMBEDKAR VEEDHI BENGALURU – 560 001.
(A-1 IS DELETED VIDE COURT ORDER DATED 20.07.2015) 2. SRI SHAMBHAT AGED ABOUT 57 YEARS, THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, NO.1, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020.
3. SRI KANTHARAJ AGED ABOUT 45 YEARS, THE SECRETARY, BANGALORE DEVELOPMENT AUTHORITY NO.1, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020 4. SRI RAGHU AGED ABOUT 50 YEARS, THE EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY No.1, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. …ACCUSED (BY SRI UDAYA HOLLA SENIOR COUNSEL ALONG WITH SRI G LAKSHMEESH RAO, FOR ACCUSED Nos.2 TO 4) THESE CCCs ARE FILED UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURT ACT 1971, PRAYING THAT THE HON'BLE HIGH COURT BE PLEASED TO SECURE THE ACCUSED HEREIN, INITIATE CONTEMPT PROCEEDINGS FOR NON- COMPLIANCE OF THE ORDER PASSED IN W.P.No.56787/2014 C/W W.P.No.59374-59395/2014 DATED 27.04.2015 VIDE ANNEXURE-A.
THESE CCCs COMING ON FOR ORDERS THIS DAY, JAYANT PATEL J., PASSED THE FOLLOWING:
ORDER The basis of the present proceedings under the Contempt of Courts Act is the alleged breach and non- compliance of the order dated 27.04.2015 passed by this Court in the main writ petition No.56787/2014 and writ petition Nos.59374-59395/2014.
2. We have heard Mr.H.T.Vasanth Kumar, learned counsel appearing for the complainants and Mr.Uday Holla, learned Senior Counsel appearing for original respondents 2 to 4 and after deletion of respondents No.1 they are respondents 1 to 3.
3. It has been brought to our notice that when it was reported to this Court that the assurance given in the earlier contempt proceedings was not complied with, this court had also directed for initiation of suo motu contempt proceedings in CCC No.482/2017 and when the aforesaid suo motu proceedings came up for hearing on 07.04.2017 this Court having recorded the fact that allotment letters are already issued to 22 members of the Society by Bangalore Development Authority (BDA), suo motu proceedings were dropped.
4. As such, in view of the allotment letters already issued, the cause against non-compliance order in the main writ petition would no more survive. However, learned counsel appearing for the complainants voice the grievance that out of 22 members of the Society 11 members are issued allotment letters on a particular Survey No.90 whereas the rest 11 members are issued allotment letters on different segregated portions. He submitted that the resultant situation created is that those 11 members who are issued letters by different lots by segregation may not be in a position to make any construction. He submitted that the representation is also made by those 11 members to the BDA for change of allotment.
5. As such, since the allotment letters are already issued, as recorded by us herein above the cause for continuation of present proceedings under the Contempt of Courts Act would no more continue. However, Mr.Uday Holla, learned Senior counsel appearing for the BDA has declared that the representation made by the members shall also be considered in accordance with law and appropriate orders shall be passed within eight weeks from today.
6. In view of the aforesaid declaration we direct the respondents 2 to 4 to abide by the declaration.
7. In view of the above, we find that the present proceedings are not required to be continued further, hence, dropped and disposed of accordingly.
Sd/- JUDGE Sd/- JUDGE SBN