G Venkatesh Bhovi vs Sri Tushar Girinath I A S
2024 Latest Caselaw 26292 Kant

Karnataka High Court

G Venkatesh Bhovi vs Sri Tushar Girinath I A S on 5 November, 2024

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                                                       NC: 2024:KHC:44560-DB
                                                         CCC No. 198 of 2024




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 5TH DAY OF NOVEMBER, 2024

                                          PRESENT
                       THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
                                             AND
                          THE HON'BLE MR. JUSTICE K. V. ARAVIND
                                  CCC NO. 198 OF 2024 (CIVIL)


                BETWEEN:

                1.   G VENKATESH BHOVI
                     S/O LATE GURAPPA
                     AGED ABOUT 63 YEARS
                     No.36/1, MARUTHI LAYOUT
                     KODIGENAHALLY MAIN ROAD
                     BANGALORE-560091
                                                            ...COMPLAINANT

Digitally       (BY SRI SHASHI KUMAR A R, ADVOCATE)
signed by
PRABHAKAR
SWETHA          AND:
KRISHNAN
Location:
High Court of
Karnataka       1.   SRI TUSHAR GIRINATH I A S
                     COMMISSIONER, BBMP
                     N R SQUARE
                     BANGALORE-560002


                2.   SRI PRADEEP KUMAR
                     THE ASSISTANT EXECUTIVE ENGINEER
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                                         NC: 2024:KHC:44560-DB
                                             CCC No. 198 of 2024




      BBMP, BASAVANA GUDI SUB DIVISION
      BBMP BUILDING
      IST FLOOR, NR COLONY
      BANGALORE-560004


                                                    ...ACCUSED
(BY SRI B.S. SRINIVAS, ADVOCATE FOR SRI B.L. SANJEEV,
ADVOCATE FOR R1 AND R2)


       THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF

THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF

THE CONSTITUTION OF INDIA,            BY THE      COMPLAINANT

PRAYS THAT THE HON'BLE COURT BE PLEASED TO SECURE

THE     ACCUSED       HEREIN,     INITIATE    THE    CONTEMPT

PROCEEDINGS FOR          NON-COMPLIANCE OF THE ORDER

DATED 20.02.2023 PASSED BY THE HON'BLE COURT IN W.P.

NO.42703/2016 (LB-BMP) ANNEXURE-G AND PUNISH THE

ACCUSED IN ACCORDANCE WITH LAW.


       THIS PETITION COMING ON FOR ORDERS THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                          NC: 2024:KHC:44560-DB
                                            CCC No. 198 of 2024




CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N. V. ANJARIA
       and
       HON'BLE MR JUSTICE K. V. ARAVIND


                       ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Figures on record of the petition, the memo dated

18.07.2024 filed by learned advocate for the respondents.

2. The said memo reads as under,

"The Counsel for the Accused No.1 submits that the above Contempt has been filed for non- compliance of the order dated 20/02/2023 passed by the Learned Single Judge in WP.No.42703/2016 wherein the Learned Single Judge has directed the Accused No.1 to give effect to the confirmation order dated 08/08/2021 passed under Section 321(3) of 1976 Act, within a period of 45 days.

It is further submitted that pursuant to the above order dated 20/02/2023, BBMP has issued Demolition notice dated 13/07/2023. Further, Smt. G Sunandamma, who is the owner of the property in question, has filed Writ Petition No.18163/2023 wherein she has challenged the Demolition notice dated 30/07/2023 and Hon'ble court, by Interim order dated 05/09/2023 has stayed the said Demolition notice. A copy of the daily orders passed in WP.No.18163/2023 is herewith produced for kind perusal of this Hon'ble Court. In view of the facts stated above, the Accused no.1 humbly prays that this Hon'ble Court may be

NC: 2024:KHC:44560-DB

pleased to drop the contempt proceedings against the Accused, in the interest justice and equity."

3. In view of the contents of the memo which could not be

disputed, nothing survives in the contempt proceedings. They are

disposed of accordingly.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE

KPS