Karnataka High Court
Wilson Garden Residents Welfare ... vs Mr. Tushar Giri Nath., Ias on 11 November, 2024
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CCC No. 91 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH 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. 91 OF 2024 (CIVIL)
BETWEEN:
1. WILSON GARDEN RESIDENTS
WELFARE ASOCIATION R
87, 8TH CROSS, WILSON GARDEN
BANGALORE - 560 027.
REPRESENTED BY ITS PRESIDENT:
MR. D.T. KUMAR
S/O. LATE A. T. DORAI,
AGED 67 YEARS,
R/AT NO.87, 8TH CROSS,
WILSON GARDEN, BENGALURU - 560 027.
...COMPLAINANT
(BY SRI PRASANNA V. R., ADVOCATE)
AND:
Digitally signed
by VALLI
MARIMUTHU 1. MR. TUSHAR GIRI NATH, IAS.,
Location: High THE COMMISSIONER,
Court of BRUHAT BENGALURU MAHANAGARA PALIKE,
Karnataka
HUDSON CIRCLE,
BENGALURU - 560 002.
2. DR. JAGADISH NAIK,
THE JOINT COMMISSIONER
SOUTH ZONE, BENGALURU
BRUHAT BENGALURU MAHANAGARA PALIKE,
HUDSON CIRCLE,
BENGALURU - 560 002.
3. DR. KOMALA,
THE MEDICAL OFFICER OF HEALTH,
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CCC No. 91 of 2024
CHICKPET, SOUTH ZONE,
BBMP SHOPPING COMPLEX,
J.C. ROAD, BENGALURU - 560 002.
4. MR. KUMARVEL,
THE HEALTH INSPECTOR,
HOMBEGOWDANAGAR, WARD NO.145,
BBMP SHOPPING COMPLEX,
J.C. ROAD, BENGALURU - 560 002.
5. THE STATE OF KARNATAKA
HOUSING AND URBAN DEVELOPMENT AUTHORITY,
VIDHANA SOUDHA,
BENGALURU - 560 001.
REP. BY ITS SECRETARY.
...ACCUSED
(BY SRI SYED SHARUKH, ADVOCATE FOR
SRI S.H. PRASHANTH, ADVOCATE FOR R1
SRI M.N. SUDEV HEGDE, AGA FOR R5)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971, BY THE
COMPLAINANT PRAYS THAT THE HON'BLE COURT BE
PLEASED TO INITIATE CONTEMPT PROCEEDINGS AGAINST
THE ACCUSED FOR HAVING COMMITTED WILLFUL
DISOBEDIENCE OF THE ORDER DATED 24.01.2023 IN WP
NO.9606/2020 (LB-BMP) (PIL) PASSED BY THIS HON'BLE
COURT AS PER ANNEXURE-A, PUNISH THE ACCUSED IN
ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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CCC No. 91 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)
The present contempt proceedings arise out of the directions
issued by this Court in the order dated 24.01.2023 while disposing
of the writ petition.
2. It appears that in the writ petition, the petitioner-complainant
had raised certain grievance about the inaction on part of the
respondent authorities-Bruhat Bengaluru Mahanagara Palike
(BBMP) and its officers in particular, in not taking steps against the
commercial activity in the residential areas. The Court recorded
that the statement made on behalf of the authorities that the
necessary steps may be taken, will be treated as an undertaking
given to the Court. In that light, the Court gave liberty to the
petitioner to approach the respondent-BBMP and to submit a
proper representation and on receipt of such representation, the
BBMP to take appropriate action.
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3. It could be noticed from the order that while issuing direction,
no time limit has been prescribed by this Court in taking action. In
absence of the time limit, it is difficult to conclude that any of the
respondents have committed contempt of the Court much less
willful contempt in taking action.
3.1 At the same time, since the orders of the Court should not go
uncomplied with.
4. The Court put a query to learned advocate Mr. V.R.
Prasanna for the complainant as to which kind of commercial
activities the petitioner was focusing for the purpose of taking
action by the authorities.
4.1 In response to the above, learned advocate for the
complainant drew attention of the Court to the communication
dated 27.10.2023 addressed to the Chief Commissioner, BBMP, in
which it is stated that the flower vendors who were carrying on
commercial activities and their business in the residential area
should be evicted.
5. Since there is a direction of the Court as above, it is provided
that if the flower vendors in the residential area are doing business
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by encroaching or doing some illegal activity, then the authorities
shall take necessary actions within two months, if required.
6. It goes without saying that the BBMP is enjoined in law to
take action against all illegal encroachments.
7. With the aforesaid observations, the present petition is not
entertained. Accordingly, it is disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
DDU
