Karnataka High Court
Smt Shanta Anantram Kalluraya vs Sri Shakeel Ahmed on 7 August, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
-1-
NC: 2024:KHC-D:11147-DB
CCC No. 100171 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
CIVIL CONTEMPT PETITION NO. 100171 OF 2024
BETWEEN:
SMT. SHANTA ANANTRAM KALLURAYA,
AGE 59 YEARS, OCC. HOUSEWIFE,
R/O. PLOT NO.42, DEVASTHAN MARG,
CHIDAMBAR NAGAR, BELAGAVI,
TAL AND DIST. BELAGAVI.
...COMPLAINANT
(BY SRI. D. RAVIKUMAR GOKAKAKAR, ADVOCATE)
AND:
1. SRI. SHAKEEL AHMED,
Digitally signed
by JAGADISH T
AGE 54 YEARS, THE COMMISSIONER,
R
Location: High
BELGAUM DEVELOPMENT AUTHORITY,
Court of
Karnataka ASHOK NAGAR, BELAGAVI,
Dharwad Bench
TAL AND DIST BELAGAVI-590001.
2. DR. ANAJAY NAGABHUSHAN M. N,
THE STATE OF KARNATAKA,
ITS SECRETARY, DEPARTMENT OF URBAN
DEVELOPMENT, M. S. BUILDING,
BENGALURU-560001.
3. THE STATE OF KARNATAKA -PROFORMA RESPONDENT
...ACCUSSED
(BY SRI. M. A. HULYAL, ADV. FOR A1;
SRI. G. K. HIREGOUDAR, GOVT. ADV. FOR A3; (A2-SERVED))
-2-
NC: 2024:KHC-D:11147-DB
CCC No. 100171 of 2024
THIS CCC IS FILED U/S. 11 AND 12 OF THE CONTEMPT OF
COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF
INDIA,1950, PRAYING TO INITIATE AGAINST THE ACCUSED FOR
DISOBEDIENCE OF ORDER DT 01-12-2021 IN W. P. NO. 63586/2010
(LB-RES) C/W. W.P. NO. 100630/2017 (LB-RES) PASSED BY THE
LEARNED SINGLE JUDGE OF THIS HON'BLE COURT, CONFIRMED IN
W.A. NOS.100044/2022 C/W. 100045/2022 DATED 13-09-2023,
PRODUCED AS ANNEXURE-A AND APPROPRIATE ORDERS MAY
KINDLY BE PASSED UNDER THE FACTS AND CIRCUMSTANCES OF
THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS
PASSED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT)
A learned Single Judge of this Court in complainant's Writ
Petition No.63586/2010 c/w WP No.106630/2017 vide order dated
1.12.2021 has disposed off the lis observing at paragraphs-25 and 26
as under:
"25. As per the said rule, the authorities are entitled
to collect only the sital value prescribed in respect of
the original allotment and the price prevailing as on
the date of original allotment. In that view of the
matter, the subsequent notice issued in WP
No.63586/2010 cannot also be sustained and the
same is quashed.
26. The authorities shall complete the formalities of
executing the relevant conveyance deeds and
handover the possession of site bearing No.447 to
the petitioner within a period of three months from
the date of receipt of a copy of this order."
NC: 2024:KHC-D:11147-DB
2. Answering respondent not being happy with the
same had preferred WA No.100044/2022 c/w WA
No.100045/2022, which a Co-ordinate Bench of this Court
negatived vide judgment dated 13.09.2023. We are told at the
Bar that the judgment of Co-ordinate Bench was put in
challenge before the Apex Court in SLP Nos.85-86/2024, which
also met with same fate at the hands of Apex Court.
3. Learned Panel Counsel appearing for the
respondent No.1, on behalf of his client, undertakes that formal
and necessary Conveyance Deeds shall be executed and
registered subject to payment of Stamp Duty by the
complainant's side within an outer limit of two weeks from this
day. He also assures that rest of the mandate in the impugned
order would also be complied with within the said period.
In view of the above, this proceeding is dropped with
liberty to the complainant to seek its revival by moving a
simple memo, in the event assurance is not kept. Answering
respondent is warned to adhere to the assurance, failing which,
it would amount to aggravated contempt, which may eventually
result into his imprisonment in addition to imposing hectic
costs, which runs a few thousand rupees.
NC: 2024:KHC-D:11147-DB
The compliance shall be reported to the learned Addl.
Registrar General of this Court within one week of the said
date.
Now, no costs.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
JTR/ct-an
