IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 16TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH CCC NOS.2062-2063 OF 2017 (CIVIL) BETWEEN:
1. SRI ANJANEYA SWAMY TEMPLE SEVA MANDALI A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRATION ACT HAVING ITS REGISTERED OFFICE AT SURVEY NO.5/2 DEVRAJ URS ROAD J.C.NAGARA (MUNIREDDY PALYA) BENGALURU-560 006 REPRESENTED BY ITS GENERAL SECRETARY SRI K.S. MAHADEVA RAO SON OF LATE SRI SATWAJI RAO AGED ABOUT 77 YEARS.
2. SRI SANJEEV KUMAR SON OF LATE SRI JAYARAM AGED ABOUT 48 YEARS RESIDENT OF SY.NO.5/2 KAVAL BYRASANDRA VILLAGE J.C. NAGARA (MUNIREDDY PALYA) BENGALURU-560 006.
(BY SRI R. ABHINAV, ADVOCATE) AND:
1. SRI SANJAY MITRA SECRETARY THE UNION OF INDIA MINISTRY OF DEFENCE PARLIAMENT SECRETARIAT NEW DELHI-110 001.
... COMPLAINANTS 2. PARACHUTE REGIMENT TRAINING CENTRE (PRTC) J.C. NAGARA, BENGALURU-560 006 REPRESENTED BY ITS COMMANDANT MR. VIKAS SAINI.
3. MR. SALIM ASIF THE BRIGADIER/ESTATE OFFICER THE STATION HEAD QUARTERS CUBBON ROAD BENGALURU-560 001.
...ACCUSED (BY SRI:M.UNNIKRISHNAN, CENTRAL GOVERNMENT COUNSEL FOR A1 TO A3) THESE CCCs ARE FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA PRAYING TO TAKE APPROPRIATE ACTION INCLUDING CENSURE, IMPRISONMENT ETC., FOR CONTEMPT OF THE ORDER DATED 21.09.2017 PASSED BY THE HON'BLE HIGH COURT OF KARNATAKA IN WRIT PETITION NOS.42180-42181 OF 2017 AT ANNEXURE-C AGAINST THE ACCUSED AND PROCEED AGAINST THEM IN ACCORDANCE WITH LAW.
***** THESE CCCs COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER These petitions are filed on the ground that the order dated 21.09.2017 passed in Writ Petition Nos.42180- 42181 of 2017 by the learned Single Judge, has been disobeyed.
2. In terms whereof, interim order as prayed for was granted to the effect that the respondents shall not in any manner obstruct or cause hindrance to the free access to Sri.Anjaneyaswamy Temple and for conducting of daily poojas, holding of ceremonies, functions etc., Since the same was disobeyed, the instant petitions were filed.
3. A memorandum of reply along with the affidavit is filed by the Officiating Land Officer of accused Nos.2 and 3. It is submitted that the accused have not caused any obstruction or caused hindrance to the free access to Sri.Anjaneyaswamy Temple and for conducting of daily poojas, holding of ceremonies, functions etc., They have stated that they are only regulating entry to un-authorized persons therein. That they check the credentials of those persons who enter the area. Other than that, they are not stopping the concerned from taking the benefit of the interim order.
In view of the above reply, we do not find any grounds to proceed further.
The proceedings are dropped.
Sd/- Sd/-
JUDGE JUDGE *bgn/-