IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 30TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH CCC NO.468 OF 2019 (CIVIL) BETWEEN:
SMT. RAJESHWARI WIFE OF LATE MANJUNATHA, AGED ABOUT 45 YEARS, RESIDING AT MEDIGESHI, MEDIGESHI HOBLI, MADHUGIRI TALUK.
(BY SRI P.N. NANJA REDDY, ADVOCATE) ... COMPLAINANT AND:
1. SMT. NANDHINI EXECUTIVE OFFICER, TALUK PANCHAYATH, MADHUGIRI, TUMAKURU DISTRICT.
2. SRI GOWDAPPA PANCHAYATH DEVELOPMENT OFFICER, MEDIGESHI GRAMPANCHAYATH, MEDIGESHI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT.
3. SRI SHIVARAJU SON OF LATE SHANKARAPPA, AGED ABOUT 75 YEARS, RESIDING AT MEDIGESHI VILLAGE, MEDIGESHI HOBLI, MADHUGIRI TALUK.
... ACCUSED (BY SMT. P.V. KALPANA, ADVOCATE FOR A1 AND A2; SMT. M.N. VIJAYA, ADVOCATE FOR A3) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO PUNISH THE ACCUSED FOR HAVING DISOBEYED THE ORDERS OF THIS HON'BLE COURT IN WRIT PETITION NO.43682 OF 2018 DATED 29.01.2019 AFTER ISSUING NOTICE TO THE ACCUSED AND TAKE APPROPRIATE ACTION AGAINST THE ACCUSED IN ACCORDANCE WITH LAW.
***** 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 29.01.2019, passed by the learned Single Judge in Writ Petition No.43682 of 2018, has been disobeyed. In terms whereof, the impugned order vide Annexure-G was stayed. The order was to the effect of directing the respondent not to put up any construction. Since the same has been disobeyed, the instant petition is filed.
2. All the accused have filed their statement of objections. They plead that the copy of the interim order was served on them on 08.02.2019. Till then, they were not aware of the interim order granted by the learned Single Judge and that if the interim order was received by them earlier, that they would have stopped all further construction.
3. In view of the statements made by the respondents-accused in the Court today, we do not find any ground to proceed further. Hence, the contempt proceedings are dropped.
Sd/- Sd/-
JUDGE JUDGE JJ