IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM CCC NO.1109/2019 BETWEEN BANGALORE NORTH TALUK ASHRYA RESIDENCE FORUM, HAVING OFFICE AT NO.361, 7TH MAIN, LAKSHMIDEVI NAGAR, NANDINI LAYOUT, BANGALORE- 96, REPRESENTED BY IT’S PRESIDENT, SRI PRAKASH, S/O V.KEMPAIAH, AGED ABOUT 54 YEARS NO.97, KADABAGERE BANGALORE NORTH TALUK ...COMPLAINANT (BY SRI SRINIVAS V, ADVOCATE) AND SRI. B.M. VIJAYSHANKAR THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BANGALORE -560 012. …ACCUSED (BY SRI S MAHESH, ADVOCATE) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT’S OF COURTS ACT PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR SHOWING WILL-FUL DISRESPECT AND DISOBEDIENCE TO THE ORDER DATED 16.11.2017 PASSED BY THIS HON’BLE COURT IN W.P.NOs.32961-33040/2017 VIDE ANNEXURE-A TO THIS PETITION.
THIS CCC COMING ON FOR ORDERS THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER This contempt petition is filed by the Bangalore North Taluk Ashrya Residence Forum, an unregistered Association, contending that there is contempt of order of this Court dated 16.11.2017 passed in W.P.Nos.32961-33040/2017.
2. According to the complainant, the members of the association had collectively sought for allotment of sites under Ashraya Scheme, which is carved out of land bearing Sy.No.31, measuring 14 acres of Kodigehalli village, Yeshwanthapura Hobli, Bengaluru North Taluk. The writ petition filed by the Members of complainant was allowed directing the respondents in the writ petition to consider their representation and while passing the order, it was observed that the decision taken by respondent No.2-Deputy Commissioner be conveyed to the Forum instead of conveying to all the petitioners in the writ petition since they are permitted to collectively agitate their grievance under the banner of a Forum.
3. It is in this background, the present contempt petition is filed. Admittedly, the Complainant- Forum is not a registered Association. In the absence of the same, it does not gain legal status to represent the petitioners in W.P.Nos.32961-33040/2017. Therefore, the contempt petition which is filed by an unregistered Association in the name of Bangalore North Taluk Ashraya Residence Forum cannot be entertained. Accordingly, the same is dismissed. However, dismissal of the contempt petition will not take away the right of the petitioners in W.P.Nos. 32961-33040/2017 to get a Registered Association/Forum formed in the name of the complainant herein and pursuing the matter as observed by the learned Single Judge in its order dated 16.11.2017 in the aforesaid writ petitions.
With such observation, the contempt proceedings are dropped.
Sd/- JUDGE Sd/- JUDGE TL