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Karnataka High Court

Sh. Ram Kumar Singh vs N.A. Haris on 28 October, 2024

Author: K.Somashekar

Bench: K.Somashekar

                                                -1-
                                                       NC: 2024:KHC:43425-DB
                                                         CCC No. 702 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 28TH DAY OF OCTOBER, 2024

                                             PRESENT

                              THE HON'BLE MR JUSTICE K.SOMASHEKAR

                                               AND

                               THE HON'BLE MR JUSTICE RAJESH RAI K

                             CIVIL CONTEMPT PETITION NO. 702 OF 2020

                      BETWEEN:

                         SH. RAM KUMAR SINGH,
                         AGED ABOUT 78 YEARS,
                         S/O LATE SH. MOTI LAL SINGH
                         350, SONESTAA MEADOWS,
                         THUBARAHALLI, WHITEFILED,
                         BANGALORE-560 066.

                         PRESENTLY RESIDING AT
                         FLAT NO. D-161, D BLOCK,
                         SPAZE PRIVY SECOTR-72
                         GURUGRAM-122 001.
Digitally signed by
HARIKRISHNA V                                                  ...COMPLAINANT
Location: HIGH        (BY SRI. DEVARAJ, ADVOCATE)
COURT OF
KARNATAKA
                      AND:

                         N.A. HARIS,
                         THE CHAIRMAN,
                         BANGALORE DEVELOPMENT AUTHORITY
                         T. CHAUDAIAH ROAD,
                         BANGALORE-560 020.
                                                                  ...ACCUSED
                      (BY SRI. MURUGESH V CHARATI, ADVOCATE)

                          THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
                      CONTEMPT OF COURT ACT, R/W ARTICLE 215 OF THE
                                 -2-
                                              NC: 2024:KHC:43425-DB
                                                CCC No. 702 of 2020




CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT
PROCEEDINGS AGAINST ACCUSED FOR THE ALLEGED
WILLFULLY AND DELIBERATELY DISOBEYING THE DIRECTION
OF THIS HON'BLE COURT VIDE ORDER DATED 09.07.2019
PASSED IN THE WRIT PETITION NO.15043/2017 (LA-BDA) AND
PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE K.SOMASHEKAR
           and
           HON'BLE MR JUSTICE RAJESH RAI K

                       ORAL ORDER

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceedings has been initiated by the complainant against the respondent for willful disobedience of the order passed by the learned Single Judge in W.P.No.15043/2017 (LA-BDA) vide Annexure-'B'. The Paragraph No.6 of the said order reads thus:

"In view of the submission made and in the facts of the case, the petition is disposed of with a direction that in case the petitioner submits a representation within a period of three weeks from the date of receipt of a copy of the order passed today, respondent No.1 shall decide the same within a period of four weeks from the date of such representation by a speaking order. Accordingly, the petition is disposed of".
-3-

NC: 2024:KHC:43425-DB CCC No. 702 of 2020

2. However, learned counsel for the respondent/BDA submits that the endorsement has already been issued by the aforesaid Authority relating to the issues emerged in between the party to the proceedings.

3. When the endorsement has been issued by the aforesaid authority in this contempt proceedings, it is deemed appropriate that the complainant, who has initiated the contempt proceedings against the respondent/BDA, is permitted to approach the respondent/BDA and also the Committee with regard to the issues in respect of formation of the Arkavathi Layout in Bangalore City.

Accordingly, the contempt petition is hereby disposed of.

Sd/-

(K.SOMASHEKAR) JUDGE Sd/-

(RAJESH RAI K) JUDGE HKV List No.: 2 Sl No.: 18