IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH CCC NO.1204 OF 2019 (CIVIL) BETWEEN:
SMT. SHYAMALA SHETTY DAUGHTER OF LATE K.N. SHETTY, AGED ABOUT 58 YEARS, NO.102, WEIGHT LIFTING COACH N.I.S. SOUTH CENTRE SPORTS AUTHORITY OF INDIA, MYSURU ROAD, BENGALURU-560 056. ... COMPLAINANT (BY SRI SHIVAKUMAR H., ADVOCATE FOR SRI B.V. SHANKARANARAYANA RAO, ADVOCATE) AND:
DR. N. MANJULA, IAS COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. ... ACCUSED (BY SRI AJAY KUMAR M., ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING WILLFULLY DISOBEYED THE ORDER DATED 08.04.2019 PASSED IN WRIT PETITION NO.34402 OF 2017 (BDA) AND AWARD APPROPRIATE PUNISHMENT TO ACCUSED FOR WILLFUL DISOBEDIENCE OF THE ORDER DATED 08.04.2019 PASSED IN WRIT PETITION NO.34402 OF 2017 (BDA).
***** 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 08.04.2019, passed by the learned Single Judge in Writ Petition No.34402 of 2017 has been disobeyed. In terms of the aforesaid order, the respondents were directed to consider the representation of the complainant within a period of eight weeks from the date of receipt of a copy of the order. Since the same was done, the instant petition is filed.
2. A counter affidavit is filed by the accused – Commissioner, Bengaluru Development Authority, Benglauru. He has tendered his unconditional apology for the delay in complying with the order of the learned Single Judge. He has also produced endorsement dated 20.08.2019, which indicates consideration of the representation of the Complainant.
3. In view of compliance of the order of the learned Single Judge, we find no ground to proceed further. Hence, the contempt proceedings are dropped. However, liberty is granted to the complainant to pursue such remedies available in law.
Sd/- Sd/-
JUDGE JUDGE JJ