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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2024 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K V ARAVIND CCC NO. 327 OF 2024 (CIVIL)
BETWEEN:
C MALLANNA S/O. LATE CHANNAVEERAIAH SINCE DEAD BY HIS LRs PARVATHAMMA
1.
W/O LATE C. MALLANNA AGED ABOUT 85 YEARS
2. GANGAMBIKE W/O LATE V.M. SHIVAKUMARAIAH AGED ABOUT 63 YEARS
3. CHANDRASHEKHARAIAH S/O LATE V.M. SHIVAKUMARAIAH Digitally signed by AGED ABOUT 40 YEARS PRABHAKAR SWETHA
4. MAHESH KUMAR KRISHNAN S/O LATE V.M. SHIVAKUMARAIAH Location: High Court of Karnataka AGED ABOUT 37 YEARS
5. GIRIJAMMA D/O LATE C. MALLANNA W/O MAHALINGAIAH AGED ABOUT 74 YEARS 6. DAKSHAYANAMMA D/O LATE C MALLANNA W/O LATE PUTTASWAMY AGED ABOUT 70 YEARS
7. JAYANNA S/O LATE C. MALLANNA AGED ABOUT 65 YEARS
8. INDRAMMA D/O LATE MALLANNA, W/O MAHADEVAIAH AGED ABOUT 62 YEARS 9. BHRAMARAMBHIKE D/O LATE C. MALLANNA W/O PRAKASH AGED ABOUT 60 YEARS
10. V M MAHADEV S/O LATE C. MALLANNA AGED ABOUT 58 YEARS
11. PALANETHRA S/O LATE C. MALLANNA AGED ABOUT 52 YEARS
12. SHASHIDHARA S/O LATE C. MALLANNA AGED ABOUT 49 YEARS ALL ARE RESIDENTS OF R/O V.G. DODDI MADABALU HOBLI MAGADI TALUK – 562 120 RAMANAGARA DISTRICT.
…COMPLAINANTS (BY SRI NARAYAN M. NAIK, ADVOCATE FOR SRI S.V. PRAKASH, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560001.
…PRO FORMA RESPONDENT
2. SRI PRABHULING KAVALIKATTI, I.A.S., AGE: MAJOR, FATHER’S NAME NOT KNOWN THE DIRECTOR MUNICIPAL ADMINISTRATION IN KARNATAKA
9TH FLOOR, VISHVESHWARAIAH TOWERS DR. B.R. AMBEDKAR VEEDHI BENGALURU – 560 001.
3. DR. AVINASH MENON RAJENDRAN FATHER’S NAME NOT KNOWN AGE MAJOR THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA – 562 159.
4. SRI SHIVARUDRAIAH B.S. FATHER’S NAME NOT KNOWN AGE: MAJOR, THE CHIEF OFFICER TOWN MUNICIPALITY MAGADI – 562 120 RAMANAGARA DISTRICT.
…ACCUSED (BY SMT. PRAMODHINI KISHAN, AGA)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE PROCEEDINGS AGAINST THE ACCUSED FOR HAVING NOT COMPLIED THE ORDER DATED 18.04.2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN W.P.NO.153/2017 PRODUCED AS ANNEXURE-A TO THE CONTEMPT PETITION AND TRY AND PUNISH THE ACCUSED PERSONS FOR COMMITTING CONTEMPT OF COURT BY ALLOWING THIS CONTEMPT PETITION & ETC.
THIS CCC COMING ON FOR ORDERS, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The following directions which came to be issued by learned Single Judge in the order dated 18.04.2023 while disposing of Writ Petition No.153 of 2017, are brought under the contempt jurisdiction for their non-compliance, (i) The petition is partly allowed, in view of respondent No.4 having expressed helplessness to allot a site measuring 30 x 35 feet as enquired on 11.04.2023 the alternate relief is granted.
(ii) The respondents are directed to acquire the land of the petitioner measuring 10,000 square feet in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a period of three months from the date of receipt of a copy of this order and make payment of compensation within a period of two months thereafter.
2. Today, when the present contempt proceedings came up for consideration, learned Additional Government Advocate Smt.Pramodhini Kishan stated that as far as the directions issued by learned Single Judge, the acquisition proceedings have already been initiated and the proposal has been made. In this regard, she produced a copy of the proposal cum communication dated 22.05.2024 by the office of the City Municipal, Magadi addressed to the Land Acquisition Officer concerned. A copy of the said proposal was made available also to learned advocate Mr.M.Narayan Naik for the complainants.
3. In view of the above development, it could not be said that any willful contempt is committed by any of the respondents.
4. The present contempt proceedings are not liable to be continued any further. They are closed and disposed of.
5. It is expected that the said proceedings shall be taken to its logical end expeditiously.
CHIEF JUSTICE
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