Citation : 2023 Latest Caselaw 1214 Kant
Judgement Date : 7 February, 2023
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CCC No. 337 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH 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. 337 OF 2022 (CIVIL)
BETWEEN:
1. C H VENKATARAJU
S/O LATE SEETARAMARAJU
AGED ABOUT 60 YEARS
R/AT BASTHIPURA ROAD
P K V GARDEN
BASAVESHWARANAGAR
KOLLEGAL TOWN-571140
CHAMARAJANAGAR DISTRICT.
...COMPLAINANT
Digitally signed
by K P
(BY SRI ANIL KUMAR S, ADVOCATE)
SWETHA
Location: HIGH
COURT OF
KARNATAKA AND:
1. RAMANA REDDY
SECRETARY
STATE OF KARNATAKA
DEPARTMENT OF COMMERCE
AND INDUSTRIES
M S BUILDING
BANGALORE-560001
2. MAHESH
SECRETARY
KARNATAKA INDUSTRIAL AREA
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CCC No. 337 of 2022
DEVELOPMENT BOARD
CENTRAL OFFICE
KHANIJA BHAVAN
4TH AND 5TH FLOORS
EAST WING, NO.49
RACE COURSE ROAD
BANGALORE-560001
3. PRIYADARSHINI
THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
MYSORE CIRCLE
K R S ROAD
MYSORE-570001
...ACCUSED
4. STATE OF KARNATAKA
DEPARTMENT OF COMMERCE
AND INDUSTRIES
M S BUILDING
BENGALURU - 560001
BY ITS SECRETARY
...PROFORMA
RESPONDENT
(BY SRI V SREENIDHI, AGA FOR R-1 & 4;
SRI P V CHANDRASHEKAR, ADVOCATE FOR R-2 & 3)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 PRAYING TO INITIATE
CONTEMPT OF COURT PROCEEDINGS AGAINST THE
ACCUSED BY TAKING SUITABLE ACTION TO PUNISH THEM
FOR WILLFUL DISOBEDIENCE OF THE JUDGMENT AND
ORDER DATED 16/09/2020 PASSED IN W.P.NO.4420/2020 IN
ACCORDANCE WITH LAW.
THIS CCC COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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CCC No. 337 of 2022
ORDER
1. The present contempt petition is filed alleging willful
disobedience of the order dated 16.09.2020 passed by the learned
Single Judge in W.P.No.4420/2020.
2. A perusal of the said order shows that the learned Single Judge
directed that the writ petition shall be treated as a representation to
the concerned authority/accused. He has further directed to
examine the grievance of the complainant and to pass a speaking
order as to whether the complainant is entitled to redress his
grievance or not, within a period of four months. Though it is
submitted by the learned counsel for the complainant that the order
passed by the learned Single Judge has not been complied with,
however, the compliance affidavit filed on behalf of accused No.3
through Smt. V.Priyadarshini, Special Land Acquisition Officer, the
Karnataka Industrial Areas Development Board, Mysuru, discloses
that on 01.12.2022 itself, an order was passed rejecting the claim
of the complainant and an endorsement to that effect has also
been issued to him.
CCC No. 337 of 2022
3. At this stage, the learned counsel for the complainant submits
that the complainant may be permitted to challenge the order/
endorsement dated 01.12.2022 by availing appropriate remedies
as available under law.
4. Since the order passed by the learned Single Judge has been
duly complied with by passing the order/endorsement dated
01.12.2022 and as the complainant intends to challenge the said
order/endorsement, nothing survives for consideration in the
contempt petition. Accordingly, the contempt petition is dismissed.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
BKV
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