Karnataka High Court
Smt Leelavathi N vs Sri Rajesh Gowda on 26 May, 2022
Bench: Chief Justice, Ashok S.Kinagi
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MAY, 2022
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
CCC NO.374/2022 (CIVIL)
BETWEEN:
SMT.LEELAVATHI.N
W/O PURUSHOTHAM
AGED ABOUT 54 YEARS
RESIDING AT NO.77, 'SUMUK'
4TH MAIN ROAD, 1ST CROSS
V.V.K. NAGAR, KATHRIGUPPE
BANASHANKARI 3RD STAGE
BENGALURU - 560 085 ... COMPLAINANT
(BY SRI H.T.VASANTH KUMAR, ADVOCATE)
AND:
1. SRI.RAJESH GOWDA
THE COMMISSIONER,
THE BANGALORE DEVELOPMENT AUTHORITY
T.CHOWDAIAH ROAD
KUMARA PARK EAST
BANGALORE - 560 020
2. SRI.C.L.ANAND
THE SECRETARY
BANGALORE DEVELOPMENT AUTHORITY
T.CHOWDIAH ROAD
KUMARA PARK WEST
BANGALORE - 560 020. ... ACCUSED
(BY SRI B.VACHAN, ADVOCATE)
2
THIS CCC IS FILED UNDER SECTIONS 11 & 12 OF THE
CONTEMPT OF COURTS ACT, 1971 BY THE COMPLAINANT,
WHEREIN HE PRAYS THAT THE HON'BLE COURT MAY BE PLEASED
SECURE THE ACCUSED HEREIN, INITIATE CONTEMPT
PROCEEDINGS FOR THE NON-COMPLIANCE ORDER PASSED BY THE
LEARNED SINGLE JUDGE IN WP NO.14381/2020 DATED 09.12.2020
VIDE ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE
WITH LAW.
THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:
ORDER
Heard.
2. This contempt proceedings arises out of judgment
and order dated 09.12.2020 passed in W.P.No.14381/2020
(BDA). The operative portion of the order is reproduced below:
"5. In view of the aforesaid facts and
circumstances, petition is disposed of
directing the respondents to address the
grievances of the petitioner and consider
her representation at Annexure-K dated
24.02.2020 in the light of the material on
record and pass appropriate order in
accordance with law within a period of two
months from the date of receipt of copy of
this order.
6. To enable expeditious consideration
by the respondents, petitioner is directed to
submit one more representation along with
all the documents annexed to this petition
and this order within a period of two weeks
from the date of receipt of copy of this
order to the respondents."
3. The accused No.1 has filed the compliance
affidavit. It is submitted that in compliance of the High Court's
order dated 09.12.2020, the Deputy Secretary-2, Bangalore
Development Authority has passed a detailed order dated
11.05.2022. The order of the High Court has been complied.
4. We are satisfied that the accused have complied
the writ Court directions and decided the representation of the
complainant.
5. In view of the above, no contempt is made out
against the accused. The contempt proceedings are dropped.
The notice is discharged. However, in case the complainant
feels aggrieved by the order dated 11.05.2022, he is at liberty
to challenge the same before the appropriate forum.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
VM
