Back
2022 Supreme(Online)(Kar) 35182
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON’BLE MRS. JUSTICE M.G. UMA
C.C.C.No.981/2021 (CIVIL)
BETWEEN:
SMT. N. MEENA, AGED ABOUT 44 YEARS
D/O SRI. V.C. NAGAMAIAH
NO.2585, 11TH MAIN
E BLOCK, RAJAJINAGAR II STAGE
BANGALORE - 560 010
REPRESENTED BY HER GPA HOLDER
SRI. N. KRISHNA, NO.2585,
11TH MAIN, E BLOCK, RAJAJINAGAR II STAGE
BANGALORE - 560 010.
...COMPLAINANT
(BY SRI. SOMASHEKARA K.M., ADVOCATE)
AND:
1.
SRI. M.B. RAJESH GOWDA, I.A.S.
COMMISSIONER, BANGALORE
DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD, KUMARA PARK WEST
BENGALURU - 560 020.
2.
SMT. MADHU, KAS, DEPUTY SECRETARY-1
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST
BENGALURU - 560 020.
…ACCUSED
(BY SRI. B.S.SACHIN, ADVOCATE FOR A1, A2)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT PRAYING TO
INITIATE PROCEEDINGS AND AWARD APPROPRIATE PUNISHMENT TO THE
ACCUSED FOR HAVING WILLFULLY DISOBEYED THE ORDER DATED
23.07.2021 (ANNEXURE-C) PASSED IN WP NO.52344/2019 (BDA)
THIS CCC COMING ON FOR ORDERS THIS DAY, B.VEERAPPA J.,
PASSED THE FOLLOWING:
2
The complainant has filed the present civil contempt
petition to take action against the accused persons under the
provisions of Sections 11 and 12 of the Contempt of Courts
Act, 1971, for willful disobedience of the order passed by the
learned Single Judge of this Court vide order dated
23.07.2021 made in W.P.No.52344/2019, wherein the learned
Single Judge, allowed the writ petition in part, quashed the
endorsement dated 26.07.2019 issued by respondent No.2
therein and directed the respondent-BDA to consider the claim
of the petitioner within three months from the date of receipt
of the order.
2.
The complainant made a representation on
06.08.2021.
The
concerned
Authority
ought
to
have
considered the said representation and passed the order on or
before 05.11.2021. But the endorsement was issued on
19.01.2022 by delaying for about two months and that too,
after civil contempt petition is filed by the complainant before
this Court on 06.12.2021 by spending litigation expenses,
suffering mentally and incurring financial loss. There is a delay
of two months in compliance of the order passed by the
3
learned Single Judge. Unnecessarily, the complainant was
forced to file the present civil contempt petition. The delaying
tactics adopted by the accused persons without complying the
order dated 23.07.2021 within time stipulated, has to be
deprecated by imposing cost, which is the only way to compel
compliance of the order passed by the learned Single Judge.
3.
In the present case, as there was a delay of two
months in complying the order passed by the learned Single
Judge, the accused persons are liable to pay cost.
4.
In view of the above, we pass the following:
ORDER
(i)
The
civil
contempt
proceedings
are
hereby dropped, subject to condition that
accused No.2 shall pay a sum of
Rs.20,000/- to the complainant within a
period of two weeks from the date of
receipt of copy of this order.
(ii)
However, it is needless to observe that it
is always open for the complainant to
challenge
the
endorsement
dated
19.01.2022
at
Annexure-R1
to
the
4
compliance affidavit, if so advised, in
accordance with law.
Sd/-
JUDGE
Sd/-
JUDGE
SMJ
