Karnataka High Court
Chandragupta E N vs Tushar Giri Nath on 24 October, 2024
Author: K.Somashekar
Bench: K.Somashekar
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CCC No. 592 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
CIVIL CONTEMPT PETITION NO. 592 OF 2022
BETWEEN:
1. CHANDRAGUPTA E N
AGED ABOUT 54 YEARS
S/O NARAYANARAJU E.V
R/AT PLOT NO. 5/A CLASSIC ORCHARDS
PHASE I, B/H MEENAKSHI TEMPLE
BANNERGHATTA ROAD
BENGALURU 560076.
2. K. VENKATESHWAR REDDY
S/O K PRATAP REDDY
MAJOR
R/AT PLOT NO. 65 AND 66
Digitally CLASSIC ORCHARDS
signed by PHASE II, B/H MEENAKSHI TEMPLE
SUMATHY BANNERGHATTA ROAD
KANNAN BENGALURU 560076.
Location: High
Court of 3. T M SATISH
Karnataka
AGED ABOUT 49 YEARS
S/O N.T MARILASIDDAPPA
R/AT PLOT NO. 173 A
CLASSIC ORCHARDS
PHASE-I, B/H MEENAKSHI TEMPLE
BANNERGHATTA ROAD
BENGALURU 560076.
4. K.P RAMESH
S/O PUTTASWAMY GOWDA
MAJOR
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CCC No. 592 of 2022
R/AT PLOT NO. 218/B, CLASSIC ORCHARDS
PHASE-I, B/H MEENAKSHI TEMPLE
BANNERGHATTA ROAD
BENGALURU 560076.
5. R.S SOMASHEKARA REDDY
AGED ABOUT 56 YEARS
S/O R.N SRI RAMA REDDY
R/AT PLOT NO. 145, CLASSIC ORCHARDS
PHASE I, B/H MEENAKSHI TEMPLE
BANNERGHATTA ROAD
BENGALURU 560076.
6. MRS. PALLAVAI
W/O LAKSHMIKANTH J
MAJOR
R/AT PLOT NO. 233, CLASSIC ORCHARDS
PHASE I, B/H MEENAKSHI TEMPLE
BANNERGHATTA ROAD
BENGALURU 560076.
7. A SUDHA DEVI
AGED ABOUT 49 YEARS
W/O A CHENNA REDDY
R/AT PLOT NO. 143, CLASSIC ORCHARDS
PHASE I, B/H MEENAKSHI TEMPLE
BANNERGHATTA ROAD
BENGALURU 560076.
8. A CHENNA REDDY
AGED ABOUT 51 YEARS
S/O A GURIVI REDDY
R/AT PLOT NO. 88
CLASSIC ORCHARDS, PHASE-I
B/H MEENAKSHI TEMPLE
BANNERGHATTA ROAD
BENGALURU 560076.
9. MRS. VANAJAKSHI
AGED ABOUT 60 YEARS
W/O CHANDRA SHEKAR REDDY
R/AT PLOT NO. 53, CLASSIC ORCHARDS
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CCC No. 592 of 2022
PHASE I, B/H MEENAKSHI TEMPLE
BANNERGHATTA ROAD
BENGALURU 560076.
...COMPLAINANTS
(BY SRI. J P DARSHAN - ADVOCATE)
AND:
1. TUSHAR GIRI NATH
THE COMMISSIONER
BRUHATH BENGALURU
MAHANAGARA PALIKE (BBMP)
HUDSON CIRCLE, N.R SQUARE
BENGALURU 560002.
2. DR.JAGADEESH K NAIK
THE JOINT COMMISSIONER
BRUHAT BENGALURU
MAHANAGARA PALIKE (BBMP)
ZONAL OFFICE, BOMMANAHALLI
BENGALURU 560076.
3. SHASHI KUMAR
EXECUTIVE ENGINEER
BRUHAT BENGALURU
MAHANAGARA PALIKE (BBMP)
DIVISIONAL OFFICE, KONANKUNTE
BENGALURU 560078.
...ACCUSED
(BY SRI. S H PRASHANTH - ADVOCATE FOR ACCUSED NO.1;
SRI. N K RAMESH - ADVOCATE FOR ACCUSED NOS. 2 & 3;
VIDE COURT ORDER DATED 18.08.2022 - ACCUSED NO.4 IS
DELETED)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED HEREIN
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CCC No. 592 of 2022
AND PUNISH THEM FOR DISOBEDIENCE OF THE ORDER DATED
06.06.2022 PASSED BY THIS HON'BLE COURT IN WP
NO.10424/2022 PRODUCED AS ANNEXURE-A.
THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
AND
HON'BLE MR JUSTICE RAJESH RAI K
ORAL ORDER
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This contempt proceeding is filed by the
complainants against the respondents under Sections 11
and 12 of the Contempt of Court Act, 1971 for
disobedience of the interim order passed by the learned
Single Judge in W.P.No.10424/2022 dated 06.06.2022.
2. Learned counsel Sri J.P Darshan for complainants
and learned counsel Sri N.K Ramesh for respondents are
present before the Court physically .
3. The above said interim order indicates as Pending
issue of Rule nisi and ordered to issue emergent notice to
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respondent No. 4 and directed learned counsel to accept
notice for respondent Nos.1 to 3. Respondent Nos.1 to 3
were directed to forthwith stop the construction
undertaken by the respondent No.4 in the area reserved
for the parks and open spaces which were relinquished in
favour of respondent No.1 on 28.08.2013. The
proceedings in WP.No.10424/2022 is pending for
consideration.
4. Learned counsel for respondents has facilitated the
order passed by the co-ordinate Bench in
CCC.No.896/2023 (Civil) dated 02.04.2022 wherein para
No.2 of the said judgment indicates as the present
contempt petition is in respect of the order dated
08.09.2021 passed by learned Single Judge in the pending
Writ Petition No.16130 of 2021. Para No.3 indicates as
evidently, the above order is interim order and that the
parent proceedings are at large before learned Single
Judge on merits. In that view, the contempt proceedings
are not liable to be entertained. Keeping in view para
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Nos.2 and 3 of the said judgment and Sections 11 and 12
the Contempt of Courts Act, 1971 this contempt
proceeding do not have any substance to proceed further
against respondents.
Consequently, this contempt proceeding is hereby
dropped.
Sd/-
(K.SOMASHEKAR)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
RJ
