IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH CCC NO.1111 OF 2019 (CIVIL) BETWEEN:
SMT. NAGAMMA WIFE OF LATE GOPALAPPA AGED ABOUT 72 YEARS NO.60/2, 5TH CROSS KASTHURIBANAGAR BENGALURU-560 026.
...COMPLAINANT (BY SRI:H.T.VASANTH KUMAR, ADVOCATE) AND:
SMT. MANJULA COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARAPARK ROAD BENGALURU-560 020.
(BY SRI:M.AJAY KUMAR, ADVOCATE) ...ACCUSED THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO SECURE THE ACCUSED HEREIN, INITIATE CONTEMPT PROCEEDINGS FOR NON-COMPLIANCE OF THE ORDER PASSED IN WRIT PETITION NO.24093 OF 2018, VIDE ANNEXURE-A DATED 21.02.2019, AND PUNISH THE ACCUSED AUTHORITY IN ACCORDANCE WITH THE CONTEMPT OF COURTS ACT.
***** THIS CCC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed on the ground that the order dated 21.02.2019 passed in Writ petition No.24093 of 2018 by the learned Single Judge, has been disobeyed.
2. In terms of the said order, the respondents were directed to consider the representation of the petitioner within a period of three months. Since the same has not been done, the instant petition is filed.
3. An affidavit of the Commissioner, BDA has been filed. She has tendered an unconditional apology for the delay in complying with the order of the learned Single Judge within the timeframe. Annexure-R1, the endorsement dated 01.08.2019 issued by the accused, indicates the consideration of the representation.
4. On considering the reasons assigned, the apology is accepted. The delay in complying with the order of the learned Single Judge is condoned.
5. In view of Annexure-R1 being issued, there are no grounds to proceed further. Hence, the proceedings are dropped. However, liberty is always reserved to the complainant to challenge the same in the manner known to law.
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JUDGE JUDGE *bgn/-