Karnataka High Court
Sri B N N Murthy vs Sri Rajesh Gowda on 3 January, 2023
Bench: B.Veerappa, K S Hemalekha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA
C.C.C. No.486/2021 (CIVIL)
BETWEEN:
SRI B.N.N. MURTHY
C/O. M. NARAHARI,
AGED ABOUT 80 YEARS
RESIDING AT NO.720, 1ST MAIN,
7TH BLOCK, BSK, 3RD STAGE,
BENGALURU - 560 085. ... COMPLAINANT
(BY SRI VASANTH KUMAR H.T., ADVOCATE)
AND:
SRI RAJESH GOWDA
THE COMMISSIONER,
THE BENGALURU DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD,
KUMARA PARK EAST,
BENGALURU - 560 020. ... ACCUSED
(BY SRI B. VACHAN, ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT
WHEREIN SHE PRAYS THAT THE HON'BLE COURT MAY BE
PLEASED TO SECURE THE ACCUSED HEREIN, INITIATE
CONTEMPT PROCEEDINGS FOR NON COMPLIANCE ORDER
-2-
PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.14219/2020 (BDA) DATED 08.12.2020 VIDE
ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE
WITH THE CONTEMPT OF COURTS ACT.
THIS CCC COMING ON FOR HEARING BEFORE FRAMING
OF CHARGES, THIS DAY, B.VEERAPPA J., PASSED THE
FOLLOWING:
ORDER
The present contempt petition is filed by the
complainant to take action against the accused under
the provisions of Sections 11 and 12 of the Contempt
of Courts Act for willful disobedience of the order
dated 08.12.2020 passed by the learned Single Judge
made in W.P.No.14219/2020 wherein the learned
Single Judge allowed the writ petition in terms of the
decisions of this Court dated 07.04.2016 in W.P.
No.13658/2015, 06.06.2013 in W.P. No.19093/2012,
21.11.2013 in W.P. No.38258/2013 and 21.10.2019 in
W.P. No.5150/2019 and quashed the impugned
cancellation order at Annexure-E dated 29.11.1996
issued by the respondent-BDA and impugned
endorsement at Annexure-G dated 30.06.2003
Thereby, the petitioner was granted four weeks time
to pay the entire sital value i.e, Rs.21,875/- together
with interest at 21% per annum to the respondent
and also directed the respondent to take necessary
steps to allot the subject site or an alternative site in
favour of the petitioner, within a period of three
months from the date of such payment.
2. Against the said order passed by the
learned Single Judge, the BDA has filed W.A.
No.924/2021 and connected matters before the Co-
Ordinate Bench of this Court and this Court by order
dated 23.09.2022 dismissed the writ appeals.
3. Aggrieved by the order of the Co-Ordinate
Bench of this Court, the BDA preferred Special Leave
to Appeal (C) No.21408/2022 and connected matters
before the Hon'ble Supreme Court. The Hon'ble
Supreme Court by order dated 09.12.2022 while
issuing notice to the respondent stayed the operation
and implementation of the impugned judgment dated
23.09.2022 passed by the Co-Ordinate Bench of this
Court. Accordingly, Sri. B. Vachan, learned counsel
for the accused filed a memo along with the order
passed by the Hon'ble Supreme Court.
4. For the reasons stated above, the contempt
proceedings has to be disposed of awaiting decision of
the Hon'ble Supreme Court in Special Leave to Appeal
(C) No.21408/2022 and connected matters.
5. In view of the above, we pass the
following:
ORDER
The Civil Contempt Proceedings are hereby
dropped reserving liberty to the complainant to file a
fresh contempt petition after disposal of the Special
Leave to Appeal (C) No.21408/2022 and connected
matters pending adjudication before the Hon'ble
Supreme Court, if the need arises and in accordance
with law.
Sd/-
JUDGE
Sd/-
JUDGE
MBM
