Karnataka High Court
Smt. Manjula.P vs Sri Rajesh Gowda M.B on 7 September, 2023
Bench: Chief Justice, Krishna S Dixit
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NC: 2023:KHC:32389-DB
CCC No. 368 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CCC NO. 368 OF 2022 (CIVIL)
BETWEEN:
1. SMT. MANJULA.P
D/O LT P N PAPANNA
AND LATE CHIKKATAYAAMMA
AGED ABOUT 59 YEARS
R/AT No.10(23), 4TH CROSS
2ND MAIN ROAD
KAVERI LAYOUT
VIJAYANAGAR
BENGALURU - 560 040
...COMPLAINANT
(BY SRI. C PRAKASH, ADVOCATE)
AND:
1. SRI RAJESH GOWDA M.B
Digitally signed THE COMMISSIONER
by AMBIKA H B BENGALURU DEVELOPMENT AUTHORITY
Location: HIGH KUAMARA PARK WEST
COURT OF BENGALURU - 560 020
KARNATAKA ...ACCUSED
(BY SRI. MURUGESH V CHARATI, ADVOCATE)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA, PRAYING TO ALLOW THIS CONTEMPT
PETITION AND CONSEQUENTLY PUNISH THE ACCUSED HEREIN FOR
THE WILFUL AND DELIBERATE DISOBEDIENCE OF THE ORDER DATED
04.10.2021 IN CCC NO.608/2021 AS PER ANNEXURE-D.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:
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NC: 2023:KHC:32389-DB
CCC No. 368 of 2022
ORDER
1. The learned counsel appearing for the accused/respondent
fairly submits that the complainant had earlier filed CCC
No.608/2021 alleging non-compliance of the order dated
01.02.2021 passed by the learned Single Judge in Writ Petition
No.13211/2018. Accepting the assurance of the learned counsel
for the accused that formalities with regard to allotment of site to
the complainant shall be treated at the earliest, the said contempt
petition was dropped by the order dated 04.10.2021. It was also
recorded that the complainant was entitled for an alternative site.
The learned counsel further submits that as there are a large
number of such proposed allottees, the accused would require
some time to complete the entire exercise. The learned counsel
also submits that while considering the claim of the allottees qua
their entitlement, weightage would be certainly given to the
complainant in view of the judgment of this Court in the case of
JUNJAMMA AND OTHERS VS.THE BANGALORE DEVELOPMENT
AUTHORITY1. Thus, the learned counsel prays for some
reasonable time to complete the exercise and report compliance to
this Court.
1 ILR 2005 KAR 608
NC: 2023:KHC:32389-DB
CCC No. 368 of 2022
2. Considering the submissions of the learned counsel for the
accused, we direct the accused to complete the entire exercise as
early as possible and not later than six months from today. We,
further make it clear that no request for extension of time would be
entertained by this Court and the accused - BDA to follow
adherence to the timeline fixed by this Court.
3. Accordingly, the contempt petition stands disposed of with
liberty to the complainant that if the accused fails to complete the
exercise within six months, the complainant can make a request for
revival of the contempt petition.
4. List this petition after six months for reporting compliance.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
AHB
