The accused has filed a memo, which reads as under:

“1.

It is submitted that, the Complainant has filed

the present contempt petition for alleging non-compliance of

the directions issued by the Learned Single Judge of this

Hon’ble Court as per Order dated 13.08.2021 in WP

No.102729/2021 (LB-RES).

2.

It is submitted that, the Complainant had filed

WP No.102729/2021 contending that, the Complainant is

owner of CTS No.768/2021 situated at Patvardhan Layout,

Belagavi. It is part of CTS No.2791. On 05.05.2010, without

any

notice

and

without

following

any

procedure,

the

Respondent No.3 therein (i.e., City Corporatoin, Belagavi)

demolished the compound wall and forcibly took possession of

nearly 1.2 guntas of land.

3.

It is further submitted that, the Complainant had

filed above said writ petition seeking issuance of writ in the

nature of mandamus directing Respondent – City Corporation,

Belagavi to consider the Representations dated 27.10.2020

Annexure-B, dated 27.01.2021 vide Annexure-D and also

representation dated 17.02.2021 vide Annexure-E and also

sought direction to the Respondent to comply/implement

directions issued by the Division Bench of this Hon’ble Court in

Writ Appeal No.6132/2011 vide its order dated 20.02.2013.

Upon hearing, the Learned Single Judge was pleased to direct

the Respondent-City Corporation, Belagavi to consider the

Representations dated 27.10.2020 vide Annexure-B, dated

27.01.2021 vide Annexure-D and also representation dated

17.02.2021 vide Annexure-E and consequently directed to

comply/implement directions issued by the Division Bench of

this Hon’ble Court in Writ Appeal No.6132/2011 vide order

dated 20.02.2013 and pass appropriate orders within a period

- 3 -

of three months from the date of receipt of a copy of this

order.

4.

It is submitted that, during pendency of the

present petition, in order to show bonafideness, the Accused

has deposited a sum of Rs.47,49,500/- before this Hon’ble

Court on 22.08.2022 by way of Demand Draft dated

20.08.2022. This Hon’ble Court by order dated 22.08.2022

directed the registry to keep the said amount in fix deposit.

Thereafter, on 24.08.2022 Proposal/Request Letter has been

sent to the Deputy Commissioner, Belagavi, requesting to

acquire the land measuring 100.625 Sq.Meter out of property

bearing CTS No.2791/1 situated at RPD College Road,

Hindawadi, Belagavi belonging to the Complainant and

acquisition proceedings is under process.

5.

It is submitted that, in compliance with the

directions issued by this Hon’ble Court, the Accused has set

the acquisition proceeding in motion. It is further submitted

that, the acquisition proceedings involves State Government,

Revenue Department & other authorities. In co-operation with

the concerned authorities, it may take six months to complete

the acquisition proceedings including passing of award.

6.

Under the above facts, the Accused seek six

months time to comply with the directions issued this Hon’ble

Court by Order dated 13.08.2021 in WP No.102729/2021 (LB-

RES).

In view of the above said facts and circumstances, it is

most humbly prayed that this Hon’ble Court may kindly be

pleased to drop the above contempt proceeding, in the interest

of justice.”

2.

It is stated that time is fixed to complete the

acquisition proceedings including passing of award.

- 4 -

3.

Taking note that an amount of Rs.47,49,500/- with

accrued interest has been deposited by way of demand draft

before this court, it would be appropriate to meet the ends of

justice to permit the complainant who is land looser to

withdraw the said amount by furnishing indemnity bond.

Indemnity bond is to be executed to ensure that if the amount

that is awarded is lesser than the amount that is deposited,

then interest of the accused authority would be taken note of.

4.

Accordingly,

the

complainant

is

permitted

to

withdraw the amount in deposit upon furnishing indemnity

bond.

5.

In the light of the undertaking given in para 5 and 6

of the memo, the contempt proceeding