Smt Munirathnamma vs Balappa Handugunda
2023 Latest Caselaw 6618 Kant

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                                                       NC: 2023:KHC:33650-DB
                                                        CCC No. 265 of 2023



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 19TH DAY OF SEPTEMBER, 2023

                                           PRESENT

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

                                             AND

                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                           CIVIL CONTEMPT PETITION NO. 265 OF 2023

                   BETWEEN:

                   1.    SMT. MUNIRATHNAMMA,
                         AGED ABOUT 55 YEARS,
                         W/O LATE MUNIRAMAIAH,

                   2.    SRI. MAHESH,
                         AGED ABOUT 31 YEARS,
                         S/O LATE MUNIRAMAIAH,

                   3.    SRI. GAUTHAM,
                         AGED ABOUT 29 YEARS,
                         S/O LATE MUNIRAMAIAH,

Digitally signed         ALL ARE R/AT MAHADEVAKODIGEHALLI,
by SHARADA
VANI B                   YELAHANKA TALUK, BENGALURU NORTH,
Location: HIGH           BENGALURU 562 149.
COURT OF                                                     ...COMPLAINANTS
KARNATAKA
                   (BY SRI. AKASH V., ADVOCATE FOR
                       SRI. NAGESH S.,ADVOCATE)

                   AND:

                   BALAPPA HANDUGUNDA
                   THE SPECIAL LAND ACQUISITION OFFICER2
                   KIADB OFFICE, NO 39, SHANTHI GRUHA,
                   BHARATH SCOUTS AND GUIDES BUILDING
                   4TH FLOOR, PALACE ROAD, BENGALURU 01
                                                                  ...ACCUSED
                   (BY SRI. H L PRADEEP KUMAR.,ADVOCATE FOR A1)
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                                      NC: 2023:KHC:33650-DB
                                       CCC No. 265 of 2023



     THIS CCC IS FILED UNDER SECTIONS 11 & 12 OF THE
CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT
PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEDIENCE
OF ORDER DATED 11.10.2022 PASSED IN W.P. NO.14691/2022
AND PASS SUCH OTHER ORDERS AS THIS COURT DEEMS FIT
IN THE FACTS AND CIRCUMSTANCE OF THE CASE.

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

                         ORDER

A perusal of records shows that the learned counsel

for the Complainants has filed the Memo dated 20.04.2023

seeking withdrawal of the Complaint of Contempt on the

ground that the Office has raised some Objections and

that he be permitted to withdraw the same with leave to

file a fresh one.

2. In the meantime, the Respondent/Accused was

served with the copy of the Complaint of Contempt and

the learned counsel representing the Respondent-Accused

submits that the learned Single Judge of this Court in

W.P.No.14691/2022 vide order dated 11.10.2022 directed

the Respondents/Accused to consider the claim of the

Complainants for passing of award of compensation in

accordance with law and in terms of the Judgment &

NC: 2023:KHC:33650-DB CCC No. 265 of 2023

Award dated 29.01.2022 passed in L.A.C No.41/2012 by

the Principal Sr. Civil Judge & JMFC, Devanahalli, within

the stipulated period of three months.

3. Learned counsel for the Respondent/Accused

submits that as there were some proceedings which took

some more time to comply with the order of learned Single

Judge and ultimately the Consent Award having been

passed even the amount of compensation is also disbursed

to the beneficiaries including the Complainants. Thus, the

grievance in respect of non-compliance of order dated

11.10.2022 no more survives. He further orally makes a

submission that the delay caused in compliance of the

order was due to bonafide reasons and procedural

difficulties; it was unintentional; he also submits that

Respondent/Accused tenders his unconditional apology for

the same.

4. Accepting the submission of learned counsel for

the Respondent /Accused as well as accepting the apology

for the delay caused due to certain procedural difficulties

NC: 2023:KHC:33650-DB CCC No. 265 of 2023

the Complaint of Contempt is accordingly disposed off.

Notice is discharged.

The undertaking of learned counsel for the

Respondent/Accused that he will file a brief statement of

the particulars namely the date of Consent Award being

passed as well as disbursement of the Award amount to

the beneficiaries and the amount being paid to the

complainants within one week from today, with copies

thereof marked to the Complainants, is placed on record.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE Bsv