IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JANUARY, 2019 PRESENT THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE ASHOK G NIJAGANNAVAR CCC No.1553/2018 (CIVIL) BETWEEN:
Sri.B.Devandra, S/o.Sri.Biligiriyappa, Aged about 58 years, Residing at No.118, 3rd Floor, 6th Cross Road, Govinayakanahalli, 2nd Stage, Kumaraswamy Layout, Bengaluru-560078. ... Complainant (By Sri.Naik.N.R, Advocate) AND:
Sri.Rakesh Singh, The Commissioner, Bengaluru Development Authority, Kumarapark West, Bengaluru-560020. ... Accused (By Sri.M.N.Sudev Hegde, Advocate) This CCC is filed under Sections 11 and 12 of Contempt of Courts Act, 1971 praying to call the accused authorities before this Hon’ble Court to initiate contempt proceedings in pursuance of order passed by this Hon’ble High Court in W.P.No.22803/2010 (BDA) dated 13.01.2012, produced at Annexure-A.
This CCC coming on for ‘Orders’ this day, Narayanaswamy.J., made the following:
O R D E R Heard learned counsel for both the parties.
2. Contempt petition is filed alleging that the direction issued in the Writ Petition No.22803/2010, has not been complied and results in willful disobedience.
3. While filing this contempt petition, there is delay of 1512 days for which, I.A. No.1/2018 has been filed for condonation of delay.
4. Learned counsel for respondent-accused submits that endorsement has been issued on 26.12.2018 and if the contempt petitioner is aggrieved by the same, he may challenge the said endorsement. It is also submitted that as there is inordinate delay of 1512 days, which has not been explained to the satisfaction of this Court, the contempt petition is liable to be dismissed on the ground of delay also.
5. Submission is placed on record.
6. As per the submission aforesaid, the endorsement has been issued in compliance of the order of this Court in W.P. No.22803/2010 dated 13.01.2012. Hence, the contempt proceedings stands dropped without considering I.A. No.1/2018, reserving liberty to challenge the order, if he so desires.
Sd/- JUDGE Sd/- JUDGE VBS Ct:RG