IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 PRESENT THE HON’BLE MR.JUSTICE B.S.PATIL AND THE HON’BLE MR.JUSTICE N.K.SUDHINDRARAO CCC NO. 1489/2016 (CIVIL) BETWEEN 1. MR. N NAGENDRA AGE 54 YEARS, S/O LATE V. NARAYANA RAO 2 MR. N. SUDHEER AGE 52 YEARS, S/O LATE V. NARAYANA RAO 3. MR. N. RAVICHANDRA S/O LATE V. NARAYANA RAO AGE 48 YEARS COMPLAINANTS 2 & 3 ARE REPRESENTED BY SPA HOLDER MR. N. NAGENDRA, AGE 54 YEARS S/O LATE V. NARAYANA RAO, COMPLAINANTS 1 TO 3 ARE RESIDING AT NO.5337, NEAR LIC, HURA ROAD, BASAVANAGUDI, NANJANGUD, MYSORE DISTRICT-571 301.
(BY SRI VICTOR MANOHARAN S, ADV.) ... COMPLAINANTS AND MR. D RANDEEP THE DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSORE-570 001.
(BY SRI VIJAYAKUMAR A. PATIL, AGA) ... ACCUSED THIS CCC IS FILED UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON'BLE HIGH COURT BE PLEASED TO INITIATE CONTEMPT PROCEEDING AGAINST THE ACCUSED FOR HAVING WILLFULLY DISOBEYED AND FOR NON COMPLIANCE OF THE DIRECTION ISSUED BY THIS HON'BLE COURT IN WRIT PETITION NO.53150 OF 2014 DATED 30/09/2015.
THIS CCC COMING ON FOR ORDERS THIS DAY, B.S.PATIL J, MADE THE FOLLOWING:-
ORDER This contempt petition is initiated complaining violation of the direction issued by this Court on 30.09.2015 in W.P.No.53150/2014. By the said order, this Court directed the Deputy Commissioner, Mysuru, to immediately take steps to instruct the concerned department to conduct survey and thereupon the said officer shall notify the date of survey and complete the same within three months from the date fixed by the Deputy Commissioner. Grievance made in this case is that despite such an order passed by this Court, survey has not been conducted.
2. Learned Additional Government Advocate who has taken notice for respondent – Deputy Commissioner, Mysuru, files a counter affidavit enclosing documents to show that survey has been conducted on 27.04.2016.
3. Upon hearing the learned counsel for both parties and on perusal of the materials on record including the counter affidavit filed, we are satisfied that the direction issued by this Court has been complied with though belatedly. Explanation offered for the delay is accepted.
Hence, contempt proceeding is dropped reserving liberty to petitioner to avail such remedy as is open to him in law against the survey conducted, if he is aggrieved.
Sd/- JUDGE Sd/- JUDGE VP