Shri Manohar Patel R vs Shri S Dharmapal
2023 Latest Caselaw 8135 Kant

Karnataka High Court

Shri Manohar Patel R vs Shri S Dharmapal on 22 November, 2023

Bench: Chief Justice, Krishna S Dixit

                                        -1-
                                                  NC: 2023:KHC:41947-DB
                                                  CCC No. 1054 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                  DATED THIS THE 22ND DAY OF NOVEMBER, 2023
                                     PRESENT
            THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
                                        AND
                    THE HON'BLE MR JUSTICE KRISHNA S DIXIT
                   CIVIL CONTEMPT PETITION NO. 1054 OF 2023


            BETWEEN:

            1.    SHRI MANOHAR PATEL R
                  S/O RAMU R @ VR RAMANNA,
                  AGED ABOUT 48 YEARS,
                  R/O 3RD MAIN, VALAGERE HALLI
                  RANGAPPA LAYOUT, BEHIND
                  SHANKAR NAGAR,
                  TIPTUR, TUMKUR - 572202.

            2.    SHRI MOHAN PATEL
                  S/O RAMU R @ VR RAMANNA,
                  AGED ABOUT 46 YEARS,
                  R/O 3RD MAIN, VALAGERE HALLI,
                  RANGAPPA LAYOUT,
Digitally         BEHIND SHANKAR NAGAR,
signed by         TIPTUR TUMKUR - 572202.
SHARADA
VANI B                                                 ...COMPLAINANTS
Location:   (BY MS. SHILPA PRASAD, ADVOCATE FOR
HIGH            SRI. CLIFTON D. ROZARIO,ADVOCATE)
COURT OF
KARNATAKA   AND:

                  SHRI S. DHARMAPAL
                  THE SPECIAL LAND ACQUISITION
                  OFFICER AND COMPETENT AUTHORITY,
                  NATIONAL HIGHWAYS AUTHORITY OF INDIA,
                  TUMKUR - SHIVAMOOGA
                  PACKAGE I (NH-206) TUMKUR UNIT,
                             -2-
                                     NC: 2023:KHC:41947-DB
                                         CCC No. 1054 of 2023




    BETTASHREE COMPLEX,
    1ST FLOOR, RENUKA SUPER BAZAR,
    5TH CROSS,
    60 FT. ROAD, SAPTHAGIRI EXTENSION,
    TUMKUR - 572102.

                                                   ...ACCUSED
     THIS CCC IS FILED UNDER ARTICLE 215 AND SECTIONS
11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING
TO INITIATE PROCEEDINGS AGAINST THE ACCUSED FOR NON-
COMPLIANCE    OF   THIS   HON'BLE   COURTS      JUDGMENT   IN
W.A.NO.837/2022    (AND    CONNECTED       MATTERS)    DATED
03.02.2023, AND TO GRANT SUCH OTHER RELIEFS AND ETC.,


     THIS    PETITION,    COMING    ON    FOR    PRELIMINARY
HEARING, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:


                           ORDER

Learned counsel for the complainants has filed a

Memo dated 22.11.2023 seeking leave of this court to

withdraw the contempt petition. The said Memo is taken

on record and it reads as under:

"The Advocate for the Complainant/Contempt Petitioner humbly craves leave of this Hon'ble Court to withdraw the instant petition in view of the Order of this Hon'ble Court dated 09.11.2023 in W.A.No.837/2022 (connected to W.A.No.825/2022), ATTACHED HEREWITH AS ANNEXURE-A.

NC: 2023:KHC:41947-DB

It is humbly prayed that this Hon'ble Court be pleased to grant liberty to the Complainant to file a fresh petition if necessary, in the interest of justice and equity."

In view of the above, leave for withdrawal is granted

and the contempt petition is disposed off as withdrawn.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

CBC