IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 16TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE H.P.SANDESH CCC NOS.1000 AND 1052 - 1053 OF 2019 (CIVIL) BETWEEN:
1. DR. NAVEEN S.L.
SON OF LATE SRI. LAKSHMAN ROA S.T. AGED ABOUT 44 YEARS RESIDING AT NO.32 2ND FLOOR, 1ST A MAIN SHIVANAGARA RAJAJINAGAR BENGALURU-560 010.
2. DR. JAYASHEELA T.V. WIFE OF DR. NAVEEN S.L. AGED ABOUT 38 YEARS RESIDING AT NO.32 2ND FLOOR, 1ST A MAIN SHIVANAGARA RAJAJINAGAR BENGALURU-560 010.
3. SRI. S. NAGARAJAN SON OF LATE S.T. SRINIVASAN AGED ABOUT 55 YEARS RESIDING AT NO.118/1 6TH CROSS, BEGUR ROAD BENGALURU-560 068. ... COMPLAINANTS (BY SRI. SHIVASHANKARA Y.D., ADVOCATE) AND:
SRI. RAKESH SINGH THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY NO.20, T. CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020. ... ACCUSED (BY SRI. M.N. SUDEV HEGDE, ADVOCATE) THESE CONTEMPT PETITIONS ARE FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO SECURE THE ACCUSED HEREIN AND INITIATE CONTEMPT PROCEEDINGS FOR NON- COMPLIANCE OF THE ORDER PASSED IN WRIT PETITION NOS.24001 OF 2018 AND 40636 TO 40637 OF 2018 (BDA) DATED 11.01.2019 VIDE ANNEXURE-C AND PUNISH THE ACCUSED IN ACCORDANCE WITH CONTEMPT OF COURT ACT AND PASS SUCH OTHER SUITABLE ORDER AS THIS COURT MAY DEEM FIT UNDER THE CIRCUMSTANCES INCLUDING AN ORDER AS TO THE COST OF THIS PROCEEDINGS.
THESE CONTEMPT PETITIONS COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER These contempt petitions are filed on the ground that the order dated 11.01.2019 passed by the learned Single Judge of this Court in Writ Petition Nos.24001 of 2018 and 40636-40637 of 2018 has been disobeyed. In terms of the said order, the respondent therein was directed to consider the representations of the petitioners’ therein. Since, the same was disobeyed, the instant petitions are filed.
2. The accused has filed his counter affidavit in the Court today. He has tendered his unconditional apology for the delay in complying with the order of the learned Single Judge within the time frame. He has also enclosed Annexures-R1 and R2 indicating consideration of the representations of the petitioners’ wherein the petitioners were informed about their entitlement for the site. On considering the same, the delay in complying with the order of the learned Single Judge is condoned.
3. In view of Annexures-R1 and R2 being passed, we do not find any ground to proceed further.
The proceedings are dropped.
Sd/- Sd/-
JUDGE JUDGE ST