Smt Smitha Harikrishna vs Dr H R Mahadev
2021 Latest Caselaw 3198 Kant

                          -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 23RD DAY OF AUGUST, 2021

                      PRESENT

  THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE

                          AND

   THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ

             C.C.C NO.92 OF 2021 (CIVIL)

BETWEEN:
SMT. SMITHA HARIKRISHNA
AGED ABOUT 47 YEARS
W/O BHASKAR PERURY
R/AT NO.363/28
9TH CROSS, N.R.COLONY
BANGALORE - 560 019
                                       ... COMPLAINANT
(BY SHRI T.P.VIVEKANANDA, ADVOCATE)


AND:
1. DR. H.R. MAHADEV
   COMMISSIONER
   BANGALORE DEVELOPMENT AUTHORITY
   T.CHOWDAIAH ROAD
   BANGALORE - 560 020

2. SHRI N.S.CHIDANANDA
   DEPUTY SECRETARY-1
   BANGALORE DEVELOPMENT AUTHORITY
   T.CHOWDAIAH ROAD
   BANGALORE - 560 020
                                           ... ACCUSED
(SHRI MURUGESH V CHARATI, ADVOCATE FOR ACCUSED NO.1;
 ACCUSED NO.2 - SERVED)
                          ---
     THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 PRAYING TO TAKE
COGNIZANCE OF THE WILLFUL DISOBEDIENCE OF THE
DIRECTIONS   ISSUED    BY  THIS   HON'BLE  COURT    IN
                              -2-


W.P.NO.9957/2020 DATED 21.10.2020 AT ANNEXURE-A AND
PUNISH THE ACCUSED.

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

                          ORDER

In terms of the judgment and order dated 21st

October 2020, now a lease-cum-sale agreement has been

executed in favour of the complainant on 16th August 2021.

A copy thereof is placed on record along with the memo

filed by the learned counsel for the accused.

2. Under the order dated 21st October 2020, the

compliance was to be made within two months from the

date of receipt of the said order. On 9th November 2020,

the complainant forwarded a copy of the said order to the

accused. The present contempt petition was filed on 30th

January 2021. Notice of the petition was issued on 5th

February 2021. An affidavit has been filed by the accused

on 15th April 2021. A statement has been made therein

that a decision was already taken to allot a site measuring

50ft. x 80 ft. at the rate prevailing in the year 2008 subject

to outcome of the writ appeal. Time of 15 days was sought

by the said affidavit filed on 15th April 2021 to report

compliance. The compliance has been made by executing a

lease-cum-sale agreement dated 16th August 2021.

3. In view of the belated compliance, no further action

under the Contempt of Courts Act, 1971 is warranted.

Considering the long delay, the Bengaluru Development

Authority (BDA) will have to be saddled with costs

quantified at Rs.20,000/-.

4. Accordingly, we pass the following order:

(i) The contempt petition is disposed of subject to

condition that BDA shall pay costs quantified at

Rs.20,000/- to the complainant within a period of one

month from today;

(ii) Though the petition is disposed of, for reporting

compliance with the order of costs, the petition shall

be listed on 24th September 2021.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE AHB