IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 PRESENT THE HON'BLE MR. JUSTICE ARAVIND KUMAR AND THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ C.C.C. NO.1492 OF 2019 (CIVIL) BETWEEN:
SRI. CHIKKANNA S/O LATE BORAIAH AGED ABOUT 59 YEARS R/O SOMEDEVARAPALYA VILLAGE HUTRIDURGA HOBLI KUNIGAL TALUK TUMKUR DISTRICT-572126 ... COMPLAINANT (BY SRI. YOGESH.V. KOTMATH, ADVOCATE FOR VIRUPAKSHAIAH ASSOCIATES) AND:
SHEKHAR.G.D.
THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI CANAL ZONE TUMAKURU-572101 ... ACCUSED (BY SRI. V. SREENIDHI, AGA) ***** THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT, PRAYING TO TAKE NECESSARY ACTION AGAINST THE ACCUSED IN ACCORDANCE WITH LAW, SINCE SHE HAS FAILED TO OBEY AND IMPLEMENT THE ORDER PASSED BY THIS HON’BLE COURT DATED 05.03.2019 PASSED IN W.P.NO.35762/2018 AND W.P.NOS.39825-830/2018 (LA- RES) VIDE ANNEXURE-B FOR CONTEMPT OF COURT.
THIS CCC COMING ON FOR ORDERS THIS DAY, ARAVIND KUMAR, J., PASSED THE FOLLOWING:-
O R D E R Heard learned counsel appearing for petitioner and learned Additional Government Advocate for respondent. Perused the records.
2. Petitioner has initiated these proceedings alleging that respondent has failed to implement the order passed on 05.03.2019 in W.P.No.35762/2018 and W.P.Nos.39825-39830/2018 whereunder respondent was directed to consider the applications filed by petitioner vide Annexures-D1 to D7 in accordance with law, in the light of awards made by Reference Court in LAC No.30/2007 and LAC No.31/2007 and respondent therein was granted four months’ time to consider the said representation from the date of receipt of certified copy of the order.
3. Said direction was issued on 05.03.2019.
Present contempt proceedings came to be initiated on 28.08.2019. Notice of this contempt proceedings was served on respondent on 15.10.2019 and it is thereafter, proceedings to consider the representation of the petitioner has been initiated. Though prima facie there has been delay in complying with the directions issued by the learned Single Judge, we refrain from proceeding further against respondent for the reason that complainant herein has appeared in the proceedings which has been initiated by respondent and at request of complainant, proceedings have been adjourned from 25.10.2019 to 07.11.2019. On 07.11.2019, learned counsel appearing for complainant has sought for time. As such, proceedings came to be adjourned to 11.11.2019 and on said date, counsel for complainant has prayed for time and hence, matter has been listed on 16.11.2019. Again on 16.11.2019, complainant and counsel for complainant who has appeared before respondent have sought for time. Hence, proceedings have been adjourned to 07.12.2019.
4. Learned counsel appearing for complainant in these proceedings submits that though all the documents have been produced, matter is being delayed by respondent on one pretext or the other. He would also rely upon communication dated 25.11.2019 addressed by complainant to respondent. On one hand, complainant is contending before this Court in the present proceedings that there has been non- compliance of directions issued by this Court. On the other hand, counsel appearing for the complainant before the respondent has been seeking adjournment. As such, respondent has not concluded the proceedings. Even otherwise, it was for the respondent to take action to comply with direction issued by this court. But for the reason, complainant himself having been taking adjournments before the respondent, we would have viewed the matter seriously. However, in the light of proceedings having now been adjourned to 07.11.2019, we do not propose to proceed further. Hence, contempt proceedings stands dropped.
Sd/- JUDGE Sd/- JUDGE Prs*