Sri Basavanna Temple vs Sri Mahabaleshwar
2022 Latest Caselaw 10519 Kant

                             1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 7TH DAY OF JULY 2022

                       PRESENT

           THE HON'BLE MR. ALOK ARADHE
               ACTING CHIEF JUSTICE

                            AND

        THE HON'BLE MS.JUSTICE J.M. KHAZI

                 C.C.C.NO.296 OF 2022
BETWEEN:

SRI BASAVANNA TEMPLE
CHOTTENAHALLI VILLAGE
KASABA HOBLI
KUNIGAL TALUK - 572 130
TUMAKURU DISTRICT
REPRESENTED BY ITS ARCHAKAA
SRI C N PRAKASH
                                    ... COMPLAINANT
(BY MR. GANAPATHI S SHASTRI, ADVOCATE)

AND:

1 . SRI MAHABALESHWAR
    TAHASILDAR
    KUNIGAL TALUK
    TUMAKURU - 572 101
2 . STATE OF KARNATAKA
    REPRESENTED BY ITS SECRETARY
    DEPARTMENT OF REVENUE
    MUJARAI BRANCH
    M.S. BUILDING
    BENGALURU - 560001
                                         ... ACCUSED
(BY SRI. H.R.SHOWRI, AGA)
                             2



                         ---
     THIS CCC IS FILED UNDER SECTION 11 AND 12 OF
THE CONTEMPT OF COURT ACT, 1971, BY THE
COMPLAINANT, WHEREIN HE PRAYS TO INITIATE CONTEMPT
PROCEEDINGS AGAINST THE ACCUSED AND PUNISH HIM IN
ACCORDANCE WITH LAW FOR DELIBERATE / WILLFUL
DISOBEDIENCE OF THE ORDER DATED 26.10.2021 PASSED
BY THE LEARNED SINGLE JUDGE IN WP NO.11717/2021
(ANNEXURE-C) IN THE INTEREST OF JUSTICE AND EQUITY.

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

                     JUDGMENT

Sri. Ganapathi S. Shastri, learned counsel for

the complainant.

Sri.H.R.Showri, learned Additional Government

Advocate for the accused.

This contempt petition has been filed for non

compliance of the order dated 26.10.2021 passed in

W.P.No.11717/2021.

2. When the matter was taken up today,

learned Additional Government Advocate has pointed

out that the amount of Rs.2 crores has been credited

in the account of temple on 15.03.2021 itself, before

passing of the order dated 26.10.2021 passed by the

learned Single Judge.

3. In view of the aforesaid submission, learned

counsel for the petitioner submits that he may be

granted liberty for clarification/modification of the

order dated 26.10.2021 passed by the learned Single

Judge.

4. In view of the fact that the amount has

already been credited in the account of temple on

15.03.2021, we are not inclined to proceed further

with this contempt petition.

This contempt petition is however disposed of in

terms as prayed for.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE Mds/-