IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD CCC NOs.2134 AND 2435 – 2436 OF 2018 (CIVIL) BETWEEN:
1. SRI. B. K. MADHVA RAJ SON OF LATE B KRISHNAMURTHY @ B KRISHNAMURTHY RAO AGED ABOUT 92 YEARS.
2. SRI. B. V. RAVINDRANATH SON OF LATE B. K. VENKATESH RAO AGED ABOUT 56 YEARS 3. SRI. B.V. K. RAO SON OF LATE B. K. VENUGOPAL AGED ABOUT 56 YEARS.
ALL ARE RESIDING AT NO.1076 ‘SHRAYA’ 16TH CROSS 30TH MAIN ROAD BANASHANKARI II STAGE BENGALURU - 560 070.
ALL ARE REPRESENTED BY THEIR REGD. GPA HOLDER SRI P. SREEDHAR REDDY SON OF P VENU REDDY AGED ABOUT 56 YEARS MANAGING PARTNER S/S SRI AND SREE BUILDERS AND PROMOTTERS HAVING ITS OFFICE PRESENTLY AT NO.1135 AVAHI ARCADE, 2ND FLOOR 17TH CROSS, 5TH MAIN 7TH SECTOR, HSR LAYOUT BENGALURU – 560 102.
... COMPLAINANTS (BY SRI.NARAYANA SWAMY V.K, ADVOCATE) AND:
SRI. NANJAPPA AGED ABOUT 58 YEARS TAHASILDAR BENGALURU SOUTH TALUK KANDAYA BHAVANA BENGALURU-560 009 … ACCUSED (SRI. SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE) 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 INITIATE APPROPRIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR THEIR DISOBEDIENCE OF THE ORDERS PASSED BY THIS HON'BLE HIGH COURT IN WRIT PETITION NOS.19132-34 OF 2014 (KLR-RES) DATED 05.06.2014 AT ANNEXURE-A, AND COMMIT THEM TO THE CIVIL IMPRISONMENT IN ACCORDANCE WITH LAW.
THESE CCCs’ COMING ON FOR HEARING BEFORE FRAMING OF CHARGES THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER These contempt petitions are filed on the ground that the order dated 5.6.2014 passed by the learned Single Judge in Writ Petition Nos.19132 -34 of 2014, has been disobeyed.
2. In terms of the order of the learned Single Judge, respondent No.5 therein namely, Tahasildar, was directed to consider the representations of the petitioners dated 27.09.2013 and 31.01.2014. A counter affidavit has been filed by the Tahasildar, Bengaluru South Taluk, Kandaya Bhavan, Bengaluru. The counter affidavit is also enclosed with Annexures-R.1 and R.2, copies of the notice dated 16.02.2019 and endorsement dated 14.02.2019 indicating compliance of the order of the learned Single Judge as well as the proceedings that have been initiated.
3. In view of the same, the proceedings are dropped. However, liberty is reserved to the complainants to challenge the endorsement issued by the accused in the manner known to law.
SD/- SD/-
JUDGE JUDGE SA