Mr. S Aprameya Nagaraja vs Sri. J. Manjunath on 8 September, 2022

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Karnataka High Court

Mr. S Aprameya Nagaraja vs Sri. J. Manjunath on 8 September, 2022

Bench: Alok Aradhe

                            1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 8TH DAY OF SEPTEMBER 2022

                       PRESENT

            THE HON'BLE MR. ALOK ARADHE
                ACTING CHIEF JUSTICE

                           AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

                C.C.C. NO.550 OF 2022


BETWEEN:

MR. S. APRAMEYA NAGARAJA
S/O LATE SHANKARNARAYAN
AGED ABOUT 50 YEARS
R/AT SF-02, PRAKRUTHI
SUNRIDGE APARTMENT
3RD MAIN, KATHRIGUPPE MAIN ROAD
SRINIVASANAGAR,
BANASHANKARI 3RD STAGE
BENGLAURU-560 085.
                                        ... COMPLAINANT
(BY MR. SANJAY KRISHNA V, ADV.,)


AND:

1.    SRI. J. MANJUNATH
      DEPUTY COMMISSIONER (REVENUE)
      BENGALURU URBAN DISTRICT
      KANDAYA BHAVAN, K.G. ROAD
      BENGALURU-560 009.

2.    SRI. NAGAPRASHANTH
      SPECIAL TAHSILDAR
                           2



     BENGALURU SOUTH TALUK
     BENGALURU URBAN DISTRICT
     KANDYA BHAVAN, K.G. ROAD
     BENGALURU-560 009.

3.   STATE OF KARNATAKA
     REP. BY PRINCIPAL SECRETARY
     REVENUE DEPARTMENT
     5TH FLOOR, GATE -3
     M.S. BUILDING,
     BENGALURU - 560001.

                                           ... ACCUSED
(BY MRS. NAMITHA MAHESH B.G. AGA)
                       ---

      THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA AND THE CONTEMPT OF COURTS
ACT, SECTION 15 OF THE CONTEMPT OF COURTS ACT,
1971, PRAYING TO SECURE THE ACCUSED HEREIN,
INITIATE CONTEMPT PROCEEDINGS FOR WILFUL BREACH
OF THE DIRECTION DATED 02.02.2022 ISSUED BY THIS
HON'BLE COURT IN WP NO.1228/2022 AND PUNISH THEM
IN ACCORDANCE WITH LAW.

     THIS CCC COMING ON FOR ORDERS, THIS DAY,
ACTING CHIEF JUSTICE MADE THE FOLLOWING:

                         ORDER

Mr.Sanjay Krishna, learned counsel for the complainant.

Smt.Namitha Mahesh B.G., learned Additional Government Advocate for the respondents. 3

This petition has been filed for non-compliance of the directions contained in the order dated 02.02.2022 passed by the learned Single Judge in W.P.No.1228/2022, by which the writ petition preferred by the complainant has been disposed of with a direction to the respondent Nos.2 and 3 to consider the representation of the complainant after affording an opportunity of hearing to the respondent No.5.

2. learned Additional Government Advocate, on instructions, submits that in compliance of the aforesaid directions, respondent No.2 has fixed the auction on 26.09.2022 and action shall be taken to recover the dues. The aforesaid submission is placed on record.

3. In the absence of any willful disobedience of the order passed on 02.02.2022, we are not inclined to proceed further with the contempt proceedings.

Accordingly, the contempt petition is disposed of.

Sd/-

ACTING CHIEF JUSTICE Sd/-

JUDGE RV

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