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Karnataka High Court

Sri S Sundaresh vs Smt Latha Krishna Rao on 30 May, 2013

Bench: N.Kumar, B.Sreenivase Gowda

                         1




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 30TH DAY OF MAY, 2013
                    PRESENT

        THE HON'BLE MR. JUSTICE N. KUMAR

                       AND

 THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA

            CCC No. 604 of 2013 (CIVIL)

 BETWEEN


   SRI S SUNDARESH
   AGED ABOUT 56 YEARS,
   S/O LATE SRI SURYANARAYAN RAO,
   RESIDING AT NO.328, 1ST "A" MAIN ROAD,
   7TH BLOCK (WEST)
   JAYANAGAR,
   BANGALORE - 82.

                                  ... COMPLAINANT

 (By Sri. SUBRAMANYA OF
 ASHOK HARANAHALLI ASSOCIATES, ADV.)

 AND

   SMT LATHA KRISHNA RAO
   PRINCIPAL SECRETARY,
   DEPARTMENT OF REVENUE,
   STATE OF KARNATAKA,
   VIDHANA SOUDHA,
   DR. AMBEDKAR VEEDHI,
   BANGALORE - 560 001.

                                      ... ACCUSED
                                2




(By Sri. V. S. HEGDE, AGA)

     THIS CCC IS FILED UNDER SECTION 11 & 12 OF
THE HIGH COURT ACT 1971 R/W ARTICLE 215 OF
THE CONSTITUTION OF INDIA, PRAYS THAT THE
HON'BLE HIGH COURT BE PLEASED TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED
FOR DISOBEYING THE ORDER DATED 06.08.2010
PASSED BY THE HON'BLE HIGH COURT IN
W.A.NO.3038/2010 AND CCC.NO.605/2012.

      This contempt petition coming on for Orders, this
day, the Court, made the following:

                        ORDER

This contempt petition is filed complaining dis- obeyance of order dated 06.08.2010 passed by the Division Bench of this Court in Writ Appeal No.3038/2010.

2. Now an order is passed by the Government on 22nd April, 2013 granting alternate land subject to 10 conditions and one of such condition is "the Government reserves the right to acquire the said land for any public purpose without compensating the grantee."

It follows that tomorrow the Government can take back the land granted without paying compensation on the pretext that it is required for public purpose. Therefore, this condition imposed is not with any bona fide intention.

3. Under these circumstances, the only course open to this Court is to cancel the said condition No.6 i.e. "the Government reserves the right to acquire the said land for any public purpose without compensating the grantee" as it is void and run counter to the order passed by the Division Bench of this Court. The said condition is unenforceable. Liberty is reserved to the complainant to challenge other conditions imposed.

Proceedings dropped.

Sd/-

JUDGE Sd/-

JUDGE Vb/-

CT: bs*