Karnataka High Court
Sri R Venkatesh vs Sri Srinivas K on 1 September, 2023
Bench: Chief Justice, M.G.S. Kamal
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NC: 2023:KHC:31436-DB
CCC No. 1042 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
CIVIL CONTEMPT PETITION NO. 1042 OF 2022 (CIVIL)
BETWEEN:
SRI.R. VENKATESH
S/O RAMACHANDRASHETTY
AGED ABOUT 60 YEARS
NO.98/A, 41/1, 30TH CROSS
JAYANAGAR, 7TH BLOCK
KANAKAPURA ROAD, BIDARAHALLI
BANGALORE - 560 070.
...COMPLAINANT
Digitally (BY SRI. SAMOD KHAN, ADVOCATE FOR
signed by SRI. NAVEED AHMED, ADVOCATES)
SUMA B N
Location:
High Court AND:
of
Karnataka
1. SRI. SRINIVAS K.,
THE DEPUTY COMMISSIONER
BANGALORE URBAN
K G ROAD
BANGALORE -560 001.
2. SRI. BHEEMA NAYAK
THE SPECIAL LAND ACQUISITION OFFICER
VISWESWARAIAH CENTRE
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NC: 2023:KHC:31436-DB
CCC No. 1042 of 2022
PODIUM BLOCK
3RD FLOOR
BANGALORE - 560 001.
3. THE STATE OF KARNATAKA
BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
DR AMBEDKAR BEEDHI
BANGALORE - 560 001.
4. YATHI RAJU
THE CHIEF ENGINEER
PUBLIC WORK DEPT.
ANNEX BUILDING
2ND FLOOR, K.R.CIRCLE
BENGALURU - 560 001.
...ACCUSED
(BY SRI. VIKRAM HUILGOL, ADDL. ADVOCATE GENERAL A/W
SRI. MILIND DANGE ADDL. GOVERNMENT ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT,
WHEREIN HE PRAYS THAT THE HON'BLE COURT BE PLEASED
TO TAKEN COGNIZANCE AGAINST THE ACCUSED No.1 TO 3
FOR COMMITTING AN ACT OF CONTEMPT OF COURT ACT IN
DISOBEYING THE ORDER DATED:25.08.2022 IN WP
NO.15829/2022 AND PUNISH THE ACCUSED IN ACCORDANCE
WITH LAW.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE, MADE THE FOLLOWING:
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NC: 2023:KHC:31436-DB
CCC No. 1042 of 2022
ORDER
Pursuant to our order dated 22.08.2023, memo is filed in this Court today under caption "Memo of compliance".
2. Learned Additional Advocate General by inviting our attention to the statements in the memo particularly in unnumbered paragraph 2 submits that the order of which non-compliance is alleged is now duly complied with in letter and spirit.
3. Our attention was also invited to the copy of receipt of e-payment.
4. Considering all these aspects in our opinion the grievance of non compliance raised in the present contempt complaint no more survives. As such contempt complaint requires to be disposed of.
5. Before parting, we may record the submission of the learned Additional Advocate General. Learned -4- NC: 2023:KHC:31436-DB CCC No. 1042 of 2022 Additional Advocate General submits that there was a large sum amount involved in the matter towards compensation and in certain preliminary enquiry it was revealed that all relevant and material factors were not put forth before the competent authorities and the competent authorities probably were mislead by either erroneous statements or by putting forth incomplete material and as the money of public exchequer is involved the State Government be permitted to undertake an exercise of a thorough enquiry and further to take this exercise to its logical end.
6. We find considerable merit in the submission of learned Additional Advocate General. There cannot be any dispute on the proposition that public money cannot be utilized by adopting certain irregularities or illegalities and the State Government certainly would be at discretion to undertake an exercise of a thorough enquiry in such matters. Accordingly, we accept the submission of learned Additional Advocate General and permit the Government -5- NC: 2023:KHC:31436-DB CCC No. 1042 of 2022 to under the exercise if the Government proposes to undertake such exercise to unearth the truth.
Contempt complaint is disposed of. Notice discharged.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE SBN List No.: 1 Sl No.: 2