Sri Ravi Kumar M vs Sri Vishveshwar V Madagi
2024 Latest Caselaw 26489 Kant

Karnataka High Court

Sri Ravi Kumar M vs Sri Vishveshwar V Madagi on 6 November, 2024

                                                -1-
                                                         NC: 2024:KHC:44762-DB
                                                           CCC No. 205 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 6TH 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. 205 OF 2024 (CIVIL)
                   BETWEEN:


                   1.   SRI RAVI KUMAR M.,
                        S/O. LATE SOMAKKA,
                        AGED ABOUT 64 YEARS,
                        RESIDING AT LOKIKERE ROAD,
                        KAIDALE - 577 525
                        DAVANAGERE DISTRICT.
                                                                  ...COMPLAINANT
                   (BY SRI G. S. VENKAT SUBBA RAO, ADVOCATE)

Digitally signed   AND:
by VALLI
MARIMUTHU
Location: High
Court of           1.   SRI VISHVESHWAR V. MADAGI
Karnataka
                        S/O. FATHER NAME NOT KNOWN TO THE
                        COMPLAINANT,
                        MAJOR,
                        THE COMMISSIONER,
                        SHIVAMOGGA BHADRAVATHI,
                        URBAN DEVELOPMENT AUTHORITY
                        VINOBA NAGAR,
                        SHIVAMOGGA - 577 204.
                                  -2-
                                       NC: 2024:KHC:44762-DB
                                        CCC No. 205 of 2024




2.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS
     PRINCIPAL SECRETARY,
     URBAN DEVELOPMENT AUTHORITY,
     M.S. BUILDING,
     BENGALURU - 560 001.
                                                 ...ACCUSED
(BY SRI A.V. GANGADHARAPPA, ADVOCATE FOR R1 AND
 SRI K.S. HARISH, G.A. FOR R2)


      THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, BY THE COMPLAINANT PRAYS THAT
THE HON'BLE COURT BE PLEASED TO APPREHEND THE
ACCUSED PERSON AND DEAL WITH THE ACCUSED PERSON IN
ACCORDANCE WITH LAW FOR HAVING COMMITTED DELIBERATE
DISOBEDIENCE OF THE ORDERS PASSED BY THIS HON'BLE HIGH
COURT OF KARNATAKA AT BENGALURU IN WP NO.14215/2022
DATED 06.03.2023 VIDE ANNEXURE-A.

      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N. V. ANJARIA
       and
       HON'BLE MR JUSTICE K. V. ARAVIND
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                                               NC: 2024:KHC:44762-DB
                                                   CCC No. 205 of 2024




                          ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE K.V. ARAVIND)

The order brought under contempt is dated 06.03.2023 passed

in Writ Petition No.14215 of 2022.

2. In the writ petition, the following directions are issued,

"In view of the above, the writ petition is disposed off directing the 2nd respondent to consider petitioner's subject representations in accordance with law particularly keeping in view the operative portion of the Resolution of the Authority passed in its meeting dated 27.04.2017."

3. On issuance of notice, learned advocate Mr. A.V.

Gangadharappa for respondent No.1 filed compliance affidavit dated

01.04.2024 affirmed by the Commissioner. Along with the affidavit,

endorsement dated 18.03.2024 is enclosed. Perusal of the

endorsement would mark compliance of the order in contempt.

4. In light of the above, the contempt petition does not survive for

further consideration.

5. Accordingly, the contempt proceedings are dropped.

NC: 2024:KHC:44762-DB

It is needless to observe that, it is open for the complainant to

avail remedy as available against the endorsement dated 18.03.2024

in accordance with law and on its own merits.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE

DDU