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Karnataka High Court

Smt Bharathi Singh vs Dr. G.C.Prakash (Ias) The Deputy ... on 31 October, 2013

Bench: K.L.Manjunath, A.V.Chandrashekara

                           1

 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

      DATED THIS THE 31ST DAY OF OCTOBER, 2013

                       PRESENT

       THE HON'BLE MR.JUSTICE K.L.MANJUNATH

                         AND

  THE HON'BLE MR.JUSTICE A.V.CHANDRASHEKARA

            C.C.C.(CIVIL) No.802/2013

BETWEEN:

SMT BHARATHI SINGH
W/O LATE SRI. SHAMSHER SINGH AND
D/O LATE M. SAMPANGI
AGED 52 YEARS
NO.18, LAKSHMAIAH REDDY RAOD,
NEAR MURPHY TOWN MARKET,
ULSOOR,
BANGALORE-560008
                                     ... COMPLAINANT
(By Sri: VASANTH V FERNANDES ADV.)


AND

1.DR. G.C. PRAKASH (IAS)
AGED ABOUT 52 YEARS
THE DEPUTY COMMISISONER
BANGALORE DISTRICT
BANGALORE

2.KARNATAKA EX-SERVICEMAN ASSOCIATION
KUDHIRANAPALYA,
                             2

BANGALORE-38
REP BY ITS PRESIDENT
SRI. ANGAMATHU
                                             ... ACCUSED
(By Sri: N SRIRAM REDDY ADV. FOR A2)
(By Sri: A.K. VASANTH AGA ADV. FOR A1)


     CCC IS FILED UNDER SECTION 11 & 12 OF CONTEMPT
OF COURT ACT BY THE COMPLAINANT WHEREIN HE PRAYS
THAT THE HON'BLE COURT BE PLEASED TO SUMMON THE
ACCUSED AND PUNISH THEM IN ACCORDANCE WITH LAW
FOR HE OFFENCE COMMITTED BY THEM WITHIN THE
MEANING OF ARTICLE 215 OF THE CONSTITUTION READ WITH
SECTION 2 (B) OF THE CONTEMPT OF COURTS ACT, 1971.

     THIS CCC COMING ON FOR ORDERS,           THIS   DAY,
K.L.MANJUNATH, J., MADE THE FOLLOWING:

                         ORDER

This petition has been filed on the premises that there is willful disobedience of the directions issued by the learned Single Judge in W.P.No38118/2011 dated 22.9.2012.

2. It is the case of the complainant that site bearing No.83(old No.585) carved out in Sy. No.14 of Gankal Village, Bangalore South Taluk was allotted to the complainant's father Late Sampangi in the year 3 1977 and though the allotment was made during the life time of his father, the sale deed was not executed. Therefore, writ petition was filed to issue a direction. The learned Single Judge has issued a direction to transfer the site in question to the children of Late Sampangi within the period of three months from the date of receipt of copy of this Order. Contending that the order is fluted, the present petition is filed.

3. During the course of arguments, it is brought to our notice that though allotment is made, the ownership of the land is not transferred by the Government to respondent No.2. If the ownership of the land is not transferred, the question of executing the sale deed in respect It is also submitted that the matter is now pending before the Government for allotment of alternative site to respondent No.2. 4

4. If such an alternative site allotment is made, taking into consideration the site allotted earlier, it shall be allotted to respondent No.2 further to be allotted in favour of the children of Late Sampangi.

With the above observation, this petition is dismissed.

Sd/-

JUDGE Sd/-

JUDGE DM*