Mr Ani Chiravakkath vs Mr H G Chandrashekaraiah
2023 Latest Caselaw 1204 Kant

                                              -1-
                                                       CCC No. 1050 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF FEBRUARY, 2023

                                           PRESENT
                   THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                             AND

                           THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                                 CCC NO. 1050 OF 2022 (CIVIL)

                   BETWEEN:
                   1.    MR ANI CHIRAVAKKATH
                         AGED ABOUT 48 YEARS,
                         S/O. SHRI.CHANDRAN ,
                         R/AT CHIRAVAKKATH HOUSE,
                         THALAKKULATHUR POST,
                         KOZHIKODE, KERALA-673 317.
                         REP BY HIS BROTHER AND GPA HOLDER
                         MR.PUSHKARAN. C.V.
                         AGED ABOUT 51 YEARS,
                         S/O. SHRI. CHANDRAN,
Digitally signed
                         R/AT NO.5, TEJA LAYOUT,
by AMBIKA H              NEAR GANGAMMA TEMPLE,
B
Location: HIGH           MAHADEVAPURA POST,
COURT OF
KARNATAKA
                         BANGALORE - 560 048.

                                                             ...COMPLAINANT
                   (BY SRI. RAVEENDRAN P., ADVOCATE)

                   AND:
                   1.    MR H.G. CHANDRASHEKARAIAH
                         DEPUTY COMMISSIONER,
                         (LAND ACQUISITION)
                         BRUHATH BANGALORE MAHANAGARA PALIKE,
                         N.R. SQUARE, BANGALORE-560 002.
                                                                 ...ACCUSED
                   (BY SRI. SREENIDHI V., ADVOCATE)
                                -2-
                                          CCC No. 1050 of 2022




     THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURT ACT, 1971 R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA PRAYING TO INITIATE CONTEMPT
PROCEEDINGS AGAINST THE ACCUSED PERSON, HOLD TRIAL
AND PUNISH THE ACCUSED PERSON IN ACCORDANCE WITH
LAW, FOR THE WILLFUL DISOBEDIENCE OF THE LAWFUL
ORDER PASSED BY THIS HON'BLE HIGH COURT IN WP
NO.7488/2022 (LA-RES) DATED 6.7.2022 AS PER ANNEXURE-A
AND ETC.

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


                            ORDER

1. The learned counsel for the complainant has filed a memo

dated 06.02.2023 seeking withdrawal of the contempt petition.

2. It is stated in the memo that during the pendency of the

contempt petition, a writ appeal was preferred by the Bruhat

Bengaluru Mahanagara Palike (BBMP) challenging the order

passed by the learned Single Judge, the disobedience of which

is alleged in the contempt petition. After hearing the parties,

the Division Bench, by the order dated 18.01.2023, directed

BBMP to take appropriate steps to pass an award by following

the provisions of law as early as possible but not later than six

months from the date of the judgment. Liberty was also given

to the complainant to make necessary application taking

recourse to Section 64 of the Right to Fair Compensation and

CCC No. 1050 of 2022

Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013, after passing of the award.

3. In view of the order passed in the writ appeal, the

complainant prays for withdrawal of the contempt petition as

the grievance raised in the contempt petition no more survives.

Accordingly, the contempt petition is disposed of as withdrawn

at the instance of the complainant.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB