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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF APRIL, 2021

BEFORE

THE HON'BLE MR. JUSTICE ARAVIND KUMAR

AND

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

C.C.C. No.249 OF 2020

BETWEEN:

M/S S.A.ENTERPRISES

HAVING ITS REGISTERED OFFICE

NO.118/6, 16^TH CROSS, I BLOCK

RAJAJINAGAR, BENGALURU-560 010

REPRESENTED BY ITS

MANAGING PARTNER

K.V.SATHYA PRAKASH

S/O MOODALAIAH

AGED ABOUT 49 YEARS

RESIDING AT NO.118/6

16^TH CORSS, I BLOCK

RAJAJINAGAR,

BENGALURU-560 010.

... COMPLAINANT

(BY SRI JAYA KUMAR S.PATEL, SENIOR COUNSEL FOR

SRI MANIVANNAN G., ADVOCATE)

AND:

1.

DR.H.R.MAHADEV, MAJOR BY AGE

THE COMMISSIONER

BENGALURU DEVELOPMENT AUTHORITY,

KUMARA KRUPA WEST,

2

CHOWDAIAH ROAD,

BENGALURU - 560 020.

2.

G.N.SHIVAMURTHY, MAJOR BY AGE,

THE DEPUTY COMMISSIONER

BENGALURU URBAN DISTRICT,

K.G.ROAD, BENGALURU - 560 009.

3.

K.RANGANATH,

MAJOR BY AGE,

THE ASSISTANT COMMISSIONER

BENGALURU NORTH SUB DIVISION,

KANDAYA BHAVAN, K.G.ROAD,

BENGALURU - 560 009.

4.

SHIVARAJ

MAJOR BY AGE,

THE TAHSILDAR,

BENGALURU NORTH TALUK,

KANDAYA BHAVAN,

K.G.ROAD,

BENGALURU-560 009.

5.

H N HARISH

S/O LATE NANJAPPA,

AGED 44 YEARS

RESIDING AT KURKI VILLAGE

NARASAPURA POST

KOLAR TALUK AND DISTRICT.

...RESPONDENTS/ACCUSED

(BY SRI B.N.MURALIDHAR, ADVOCATE FOR A5;

VCO DATED 17.03.2021

CCC STANDS DROPPED AGAINST

ACCUSED NO.1 TO 3;

A4 SERVED)

THIS C.C.C. IS FILED UNDER SECTIONS 11 AND

12 OF THE CONTEMPT OF COURTS ACT, BY THE

COMPLAINANT, WHEREIN HE PRAYS THAT THE

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HON'BLE HIGH COURT BE PLEASED TO INITIATE

CONTEMPT PROCEEDINGS AGAINST THE ACCUSED

FOR

VIOLATING

THE

INTERIM

ORDER

DATED

19.07.2019 PASSED IN W.P.NO.30167/2019 AND THE

FURTHER EXTENSION ORDER DATED 19.08.2019

AND 12.09.2019 PASSED IN W.P.NO.30167/2019 AT

ANNEXURE-A

AND

PLEASED

TO

PUNISH

THE

ACCUSED WITH MAXIMUM PUNISHMENT.

THIS C.C.C. COMING ON FOR ORDERS, THIS

DAY, ARAVIND KUMAR J., MADE THE FOLLOWING:

ORDER

Heard Sri Jayakumar S. Patil, learned senior

counsel for Sri Manivannan G., for complainant and

Sri

B.N.Muralidhar,

learned

counsel

for

fifth

respondent.

2. Proceedings against accused Nos.1 to 3 has

been dropped vide order dated 17.03.2021.

3. Complainant who is the writ petitioner is

before this Court alleging violation of the orders dated

19.07.2019, 19.08.2019 and 12.09.2019, passed in

writ petition No.30167/2019 at Annexure ‘A’.

4. It is the contention of Sri Jayakumar S. Patil,

learned senior counsel appearing for the complainant

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that the first petitioner had initiated proceedings

against the petitioner which was challenged in the

aforesaid writ petition and learned Single Judge by

order

dated

19.07.2019,

had

stayed

further

proceedings pending before the first respondent and

all further proceedings initiated pursuant to the

orders passed by the first respondent and in violation

of said order, revenue records of the land in question

namely, survey No.56/3 has been mutated. Hence,

he seeks for taking action against the respondents for

willful disobedience of aforesaid orders.

5. Per contra, learned counsel appearing for

fifth respondent has contended that petitioner’s claim

is only to the extent of 30 guntas of land and the

question of authorities taking steps in respect of

remaining extent of lands would not be in violation of

the orders passed by the Court. Hence, he seeks for

dropping the contempt proceedings.

6. Having heard the learned counsel appearing

for the parties and on perusal of the records and

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particularly, sale deed dated 28.02.2013, executed by

the vendor of the petitioner it would clearly disclose

that the extent of land which has been purchased by

the petitioner is to the extent of 18,000 sq. ft. In fact,

there is no reference about the survey number in the

sale deed. Be that as it may. The property which is

stated to have been purchased by the petitioner is

said to be a