Karnataka High Court
Sri Nagappa vs Sri D K Ravi on 11 December, 2014
Bench: N.K.Patil, Rathnakala
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF DECEMBER, 2014
:PRESENT:
THE HON'BLE MR.JUSTICE N.K.PATIL
AND
THE HON'BLE MRS.JUSTICE RATHNAKALA
C.C.C. Nos. 1266 of 2014
And 1428 of 2014 (Civil)
Between:
1. Sri. Nagappa,
S/o. Late Venkataramappa,
Aged about 45 years,
R/at. No.132, 6th Cross,
Kolaramma Extension,
Fort Kolar, Kolar-563 101.
2. Smt. Rajamma,
W/o. Late Jayanna,
Aged about 60 years,
R/at. No.131, 5th Cross
Kolaramma Extension, Fort Kolar
Kolar- 563 101.
...Complainants
(By Sri. Pulakeshi, for Sri. K. N. Subba Reddy, Advocate)
And:
1. Sri. D. K. Ravi,
Fathers name not Known,
Deputy Commissioner,
Kolar District, Kolar-563101.
2. Sri C.N. Manjunath
2
Fathers Name Not Known,
Assistant Commissioner,
Kolar District,
Kolar-563101.
3. Sri Rangegowda
Fathers Name Not Known,
Tahsildar,
Kolar District,
Kolar-563101.
...Accused
(A1 & A2 deleted v/o. dated 03/12/2014)
*******
These CCCs are filed under Sections 11 & 12 of the
Contempt of Court Act by the Complainants, praying to
summon the accused and deal with him in accordance with
law for willful disobedience of the orders of this Court
dated 19/08/2014 passed in W.P. Nos.39724-39742/2014
to meet the ends of justice.
These CCCs coming on for Preliminary Hearing, this day,
N.K.PATIL J., made the following:
:O R D E R:
These contempt petitions are filed by the complainants with a prayer to summon the accused and deal with him in accordance with law for disobedience of the Order of this Court dated 19/08/2014 passed in W.P.Nos.39724- 39742/2014.
2. We have heard learned counsel Sri. A.P.Pulakeshi for Sri.K.N.Subba Reddy, appearing for complainants at considerable length of time. Perused the grounds urged in 3 the memorandum of contempt petitions and gone through the order dated 19/8/2014 passed by this Court in W.P.Nos.39724-39742/2014 .
3. The principal submission canvassed by the learned counsel appearing for complainants, at the outset is that, in the said petitions, learned Government Pleader has submitted before the learned Single Judge that, no action will be taken by the 2nd respondent therein till consideration of such objections. Inspite of giving such an undertaking before the learned Single Judge, accused No.3 has taken law into his own hands and pulled down the houses/buildings of the complainants. Therefore, he submitted that the appropriate proceedings may be initiated against the accused No.3 and punish him in accordance with law.
4. After considering the submission made by learned counsel appearing for the complainants, after perusal of the order passed by the learned Single Judge and also the three photographs produced by the complainants vide Annexures- B1,B2 and B3, it is manifest on the face of the photographs that, nothing worthwhile is coming forth in the said 4 photographs to show that on 20.8.2014 their houses/buildings have been pulled down by the accused No.3. Even no iota of documents have been furnished by the complainants to show as to on what date and time the said photographs have been taken by producing negative or CD of the same and also that the said houses/buildings belong to them. Therefore, we are unable to accept he submission made by the learned counsel appearing for complainants, nor we find any disobedience of the order passed by this Court dated 19/8/2014 in W.P.Nos.39724- 39742/2014 by the accused No.3. In view of non production of credible documents to substantiate the prayer sought in these petitions, these contempt petitions filed by the complainants are disposed off, reserving liberty to the complainants to redress their grievance before the appropriate Legal Forum, if so advised or need arises.
Sd/-
JUDGE Sd/-
JUDGE tsn*