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2025 Supreme(Online)(Kar) 36241

THE HIGH COURT OF KARNATAKA
ANU SIVARAMAN AND VIJAYKUMAR A. PATIL
SRI B SUBRAMANI – Appellant
Versus
MR KUMAR NAYAK – Respondent
CCC 89/2023



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO.89 OF 2023 BETWEEN:

SRI B. SUBRAMANI S/O SRI BAKTHARACHALAM, AGED ABOUT 54 YEARS, R/AT NO.132, HAL II 'A' STAGE, BENGALURU-560008.

…COMPLAINANT Digitally signed by (BY SRI. SOMASHEKARA K. M., ADVOCATE)

CHANNEGOWDA PREMA Location: High Court of AND:

Karnataka MR. KUMAR NAYAK THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY (BDA)

KUMAR PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560020.

…ACCUSED (BY SRI. MURUGESH V CHARATI, ADVOCATE)

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE OF CIVIL CONTEMPT AGAINST THE ACCUSED FOR DISOBEDIENCE AND NOT IMPLEMENTING THE ORDER OF THIS HON'BLE COURT IN WP NO.14226/2021 (BDA) DATED 6.9.2022 VIDE ANNEXURE-C AND PUNISH THE ACCUSED.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

This contempt petition is filed alleging willful disobedience of the order of the learned Single Judge dated 06.09.2022 passed in W.P. No.14226/2021, wherein the learned Single Judge had directed the respondent- BDA to consider the representation of the petitioner within eight weeks.

2. The affidavit of the BDA dated 01.03.2023 indicates that they have sent number of correspondence to the petitioner and requested him to furnish certain documents to act on them.

3. Sri Somashekar, learned counsel appearing for the complainant submits that on 07.03.2023, the complainant has furnished all the required documents and also the Government Order dated 18.04.2023 and submits that the respondent is required to act on such documents.

4. Learned counsel for the respondent on instruction submits that, if the complainant has furnished the required documents, they look into the documents and take necessary steps. He further submits that on 21.02.2023, an endorsement came to be issued. Accordingly, he seeks to close the proceedings.

5. In view of the aforesaid submissions, the contempt proceedings are closed as there is no willful disobedience of the order of the learned Single Judge. Notice issue to the accused shall stand discharged.

It is needless to observe that the Authority shall take steps based on the documents. It is always open for the complainant to workout the remedies in accordance with law, if the Authority failed to act.

Sd/-

(ANU SIVARAMAN)

JUDGE Sd/-

(VIJAYKUMAR A. PATIL)

JUDGE PN List No.: 3 Sl No.: 15

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