IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 10TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH CCC NO.938 OF 2019 (CIVIL) BETWEEN:
SRI B.SANTHOSH HEGDE SON OF RATHNAKAR HEGDE AGED ABOUT 66 YEARS RESIDING AT NO.139/4 DOMLUR LAYOUT BENGALURU-560 071.
...COMPLAINANT (BY SRI: S.VISHWAJITH SHETTY, ADVOCATE) AND:
SRI RAKESH SINGH THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST BENGALURU-560 002.
(BY SRI: K.KRISHNA, ADVOCATE) ...ACCUSED THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO SECURE THE PRESENCE OF THE ACCUSED AND PUNISH HIM FOR HAVING COMMITTED CONTEMPT OF THE ORDER DATED 15.06.2015 IN WRIT PETITION NO.15050 OF 2015 AND ORDER DATED 14.01.2016 IN CCC NO.1231 OF 2015 PASSED BY THIS HON'BLE HIGH COURT AND PASS SUCH OTHER ORDER/S AS IT DEEMS FIT TO THIS HON'BLE COURT UNDER THE CIRCUMSTANCES OF THE CASE.
***** 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 15.06.2015 passed in Writ Petition No.15050 of 2015 by the learned Single Judge and the order dated 14.01.2016 passed in CCC No.1231 of 2015 by the learned Division Bench, have been disobeyed.
2. In terms whereof, in Writ Petition No.15050 of 2015, the respondent-BDA had submitted that the representation of the petitioner would be considered in accordance with law by allotting an alternative site available in the layout and in CCC No.1231 of 2015, the respondent-accused had filed an affidavit stating that after forming the layout, the claim of the complainant for allotment of site would be considered. Since the same has not been done, the instant petition is filed.
3. An affidavit is filed by the Commissioner-BDA enclosing the copy of allotment letter dated 01.07.2019.
In view of the directions being complied with, the proceedings are dropped.
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JUDGE JUDGE *bgn/-