IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 8TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH CCC NO.1387 OF 2018 (CIVIL) BETWEEN:
SMT. R. SARASWATHI WIFE OF SRI M. RAGHU, AGED ABOUT 32 YEARS, NO.509, 14TH MAIN, MANJUNATH NAGAR, BENGALURU-560 010.
...COMPLAINANT (BY SRI VASANTH KUMAR H.T., ADVOCATE) AND:
1. *DR. N. MANJULA WIFE OF DEEPAK R.L., COMMISSIONER, THE BENGALURU DEVELOPMENT AUTHORITY, NO.1, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020.
*(AMENDEMENT CARRIED OUT VIDE COURT ORDER DATED 28.06.2019) 2. SRI BASAVARAJU SECRETARY, THE BENGALURU DEVELOPMENT AUTHORITY, NO.1, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020.
...ACCUSED (BY SRI A.S. PONNANNA, SENIOR COUNSEL FOR SRI K. KRISHNA, ADVOCATE FOR A-1 AND A-2) 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 NOS.54471-54492 OF 2015 DATED 23.03.2017 VIDE ANNEXURE-A AND PUNISH THE ACCUSED AUTHORITY IN ACCORDANCE WITH THE CONTEMPT OF COURTS ACT.
***** THIS CCC COMING ON FOR HEARING BEFORE FRAMING OF CHARGES THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed on the ground that the order dated 23-3-2017, passed by the learned Single Judge in Writ Petition Nos.54471-54492 of 2015 has been disobeyed. In terms whereof, respondents 2 & 3 were directed to consider the representation dated 15-9-2015. Since the same was not complied with, the instant petition is filed.
2. An affidavit of the first accused dated 16-7-2018 was filed. On considering the same, this Court by the order dated 16-7-2018 directed the accused to file a better affidavit. Presently, an affidavit is filed before the Court. They have explained the circumstances for the delay in passing the order. They have narrated that the required documents have not been produced. That the complainant and 21 others were heard and an unconditional apology for the delay in complying with the order of the Court has already been furnished. On considering the same, we accept the apology. In view of issuing the endorsement dated 24-6-2019 indicating consideration, we do not find any ground to proceed further. Petition is dismissed.
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JUDGE JUDGE rsk/-