Sri.M.D.Hanumantharaju vs Sri.Tabasum Zahera, Kas
2021 Latest Caselaw 3199 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.273 OF 2021 (CIVIL)

BETWEEN:
SRI M.D. HANUMANTHARAJU
S/O LATE DODDAIAH
AGED ABOUT 53 YEARS
R/O MANAVINAKURIKE VILLAGE
C.N. DURGA HOBLI
KORATAGERE TALUK
TUMKUR DISTRICT
                                       ... COMPLAINANT
(BY SHRI CHANDRAKANTH R. GOULAY, ADVOCATE)


AND:
1. SRI TABASUM ZAHERA, KAS
   SPECIAL LAND ACQUISITION OFFICER
   KARNATAKA INDUSTRIAL AREA
   DEVELOPMENT BOARD
   NIMZ KIADB, 1ST FLOOR
   MARUTHI TOWERS
   BESIDES SIT COLLEGE, B.H.ROAD
   TUMAKURU-3

2. SRI N SHIVASHANKARA, IAS
   CHAIRMAN
   KARNATAKA INDUSTRIAL AREA
   DEVELOPMENT BOARD
   KIADB OFFICES
   NRUPATHUNGA ROAD
   BENGALURU-560 001
                                            ... ACCUSED
(BY SHRI ASHOK N. NAYAK, ADVOCATE)
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     THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 PRAYING TO        INITIATE
CONTEMPT PROCEEDINGS AGAINST ALL THE ACCUSED FOR
DELIBERATE AND INTENTIONAL DISOBEDIENCE OF THE ORDER
OF THIS COURT VIDE ANNEXURE-A DATED 26.09.2019 MADE IN
W.P.NO.50503/2018 AND TO PASS APPROPRIATE SUITABLE
ORDERS.

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

                             ORDER

The breach alleged is of the judgment and order

dated 26th September 2019 passed by the learned Single

Judge. In an appeal preferred by the accused, by the

judgment and order dated 15th June 2021, though the

liability of the accused to pay compensation in terms of the

judgment and order dated 26th September 2019 of the

learned Single Judge was confirmed, the interest was

quantified at the rate of 6% per annum from 2nd September

2015. Time of one month to pay the amount was granted

by the Division Bench under the order dated 15th June

2021.

2. Now, an affidavit has been filed by the first accused

stating that consent compensation amount of

Rs.2,40,00,000/- with interest of Rs.85,87,068/- at the rate

of 6% interest per annum from 2nd September 2015 to 19th

August 2021 has been paid to the complainant. The

learned counsel for the complainant acknowledges the

receipt of the said amount.

3. Hence, in view of compliance made of the order of the

Division Bench, the petition is disposed of.

4. The pending interlocutory applications do not survive

and stand disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB