Disposed

Sri M R Muniyappa v. the State of Karnataka

Karnataka HC11 Nov 2020CCC/528/2020

Case brief

AI extract

What is this about?

The High Court disposed a contempt petition filed against the State, City Municipal Council, and Deputy Commissioner. Found no prima facie case for contempt as no actual breach of the interim order occurred; the alleged demolition did not happen, and allegations were based only on apprehensions.

What did the court decide?

Petition disposed without initiating action for contempt under the Contempt of Court Act, 1971.

Sri M R Muniyappa Vs the State of Karnataka — Contempt of Court | Karnataka HC (2020)

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CCC 528/2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF NOVEMBER, 2020

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PRESENT

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THE HON’BLE MR. ABHAY S.OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY

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C.C.C.No.528/2020

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BETWEEN:

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SRI M.R.MUNIYAPPA, S/O RAMAPPA, AGED ABOUT 59 YEARS, R/AT MUDUVATTHI, MUDUVATTHI POST, VOKKALERI HOBLI, KOLAR TALUK, KOLAR DISTRICT 563101. PROPRIETOR, SRI. M. R. MUNIYAPPA, SRI. VENKATESHWARA STORES, DODDAPETE, KOLAR 563101.

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SRI B.R.NAGESHWARA PRASAD, S/O. LATE B.S.RAVINDRA PRAKASH, AGED ABOUT 44 YEARS, R/AT PRATEEKSHA, 1ST CROSS, NEW EXTENSION, KOLAR 563101.

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PROPRIETOR, B. R. NAGESHWARA PRASAD,

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CCC 528/2020

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PRASAD JEWELLERS, DODDAPETE, KOLAR 563101

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SRI B.L.RAGHAVENDRA SETTY, S/O. B P LAKSHMAIAH SETTY, AGED ABOUT 73 YEARS, R/AT D. NO. 774, 4TH MAIN, KUVEMPU NAGAR, KOLAR 563101. PROPRIETOR, SRI. B. L. RAGHAVENDRA SETTY, PAWN BROKERS, DODDAPETE, KOLAR 563101

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4 . SRI. C R SANTHOSH KUMAR S/O. C V RADHAKRISHNAIAH SETTY, R/AT VISHALA SATHYA NILAYA, 1ST MAIN ROAD, 1ST CROSS, NEW EXTENSION, NEAR DOOM LIGHT CIRCLE, KOLAR 563101. PROPRIETOR, SRI. C R SANTHOSH KUMAR, M/S. VASAVI STORES, DODDAPETE, KOLAR 563101

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5 . SRI. B S NANJUNDAIAH SETTY S/O. LATE. B N SURYANARAYANA SETTY, AGED ABOUT 73 YEARS, D.NO. 141, COTTONPET, KOLAR 563101, PROPRIETOR, SRI. B S NANJUNDAIAH SETTY, SRI. NANJUNDESHWARA HALL, DODDAPETE, KOLAR 563101

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CCC 528/2020

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6 . SRI. A R SRINATH S/O. LATE. A N RANGAIAH SETTY, AGED ABOUT 44 YEARS, R/AT GAYATRI NILAYA, DODDAPETE, KOLAR 563101. PROPRIETOR, SRI. A R SRINATH, S/O. LATE. A N RANGAIAH SETTY, SRI. KRISHNA HARDWARE STORES, DODDAPETE, KOLAR 563101

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7 . SRI. D S VISHALAKSHAMMA W/O. D V SHANKAR, AGED ABOUT 67 YEARS, R/AT VISHALA NILAYA, DODDA ANJANEYA TEMPLE STREET, KOLAR 563101. PROPRIETOR, SMT. D S VISHALAKSHMAMMA, GIRI PROVISION STORES, DODDAPETE, KOLAR 563101 8 . SRI. G P SRINIVASAIAH SETTY S/O. LATE. G PAPAIAH SETTY, AGED ABOUT 81 YEARS, R/AT GANAPA NILAYA, DODDAPETE, KOLAR 563101. PROPRIETOR, G P SRINIVASA PROVISION STORES, DODDAPETE, KOLAR 563101 9 . SRI. C S LAKSHMAIAH SETTY S/O. C SURAIAH SETTY, AGED ABOUT 80 YEARS, R/AT DODDA ANJANEYA TEMPLE STREET,

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CCC 528/2020

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KOLAR 563101. JOINT OWNERS, CL SURYA BABU PAWN BROKERS, DODDAPETE, KOLAR 563101.

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10 . C L SURYA BABU S/O. C SURAIAH SETTY, AGED ABOUT 50 YEARS, R/AT DODDA ANJANEYA TEMPLE STREET, KOLAR 563101. JOINT OWNERS, CL SURYA BABU PAWN BROKERS, DODDAPETE, KOLAR 563101.

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11 . SRI. R UMESH CHANDRA, S/O. RAMACHANDRA, AGED ABOUT 43 YEARS, PROPRIETOR, M/S. MODERN CLOTH EMPORIUM, CARRYING ON BUSINESS AT PREMISES BEARING KATHA NO. 460/467, MODERN CLOTH EMPORIUM, MG ROAD, KOLAR 563101.

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12 . SRI. MOHAMMED SHAKEEL S/O. MOHAMMED SAMIULLA, AGED ABOUT 46 YEARS, R/AT 1ST MAIN ROAD, BEHIND GREEN BUILDING, MAHALAKSHMI LAYOUT, KOLAR 563101. PROPRIETOR, M/S. JEANS WORLD, MG ROAD, KOLAR 563101.

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CCC 528/2020

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13 . SRI. MOHAMMED SUHAIL S/O. MOHAMMAED SAMIULLA, AGED MAJOR, R/AT 1ST MAIN ROAD, MAHALAKSHMI LAYOUT, NEAR KASABA PLAZA, KOLAR 563101. PROPRIETOR, NATIONAL GARMENTS, K.NO. 195, ASS. NO. 203, MG ROAD, KOLAR 563101.

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14 . SRI. C P DEVANATH, S/O. C S PANDU RANGAIAH SETTY, AGED ABOUT 43 YEARS, R/AT BEHIND SHILPASHREE JEWELERS, OPP. SS COMPLEX, MG CHOWK, KOLAR 563101.

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PROPRIETOR, VASAVI ENTERPRISES, GROUND FLOOR, VASAVI ARCADE, MG CHOWK, KOLAR 563101.

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PROPRIETOR VASAVI DIGITAL, PRINT HUB, 1ST FLOOR, VASAVI ARCADE, MG CHOWK, KOLAR 563101

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15 . SRI. P G SHIVAKUMAR, S/O. P R GOVINDAIAH SETTY, AGED MAJOR, C/O. C V SATYANARAYANA SETTY, TAMARIND MERCHANT, OPP. TO DODDA ANJANEYA TEMPLE, KOLAR, 563101.

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CCC 528/2020

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PROPRIETOR, P. G. SHIVA KUMAR SRI. KRISHNA HALL, (TEXTILE SHOWROOM), CLOTH MERCHANT, BIG BAZAAR, KOLAR 563101.

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16 . SMT. B P MAHALAKSHMI W/O. K P RAJENDRA KUMAR, AGED ABOUT 57 YEARS, R/AT SRI. PANDURANGA NILAYA, GOWRIPET 2ND CROSS, KOLAR 563101. PROPRIETOR FANCY HALL, MG ROAD, KOLAR 563101

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17 . SRI. B C PREMKUMAR, S/O. B M CHENNAPPA, AGED ABOUT 62 YEARS, R/AT NO. 1142, 1ST CROSS, NEW EXTENSION, KOLAR 563101. PROPRIETOR, B R MUNIYAPPA COMPANY, M G ROAD, KOLAR 563101

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18 . SRI. P MUKSHESH S/O. B M PARAMASHIVAIAH, AGED ABOUT 51 YEARS, R/AT ETCM HOSPTIAL ROAD, BRM QUARTERS, KOLAR 563101. PROPRIETOR, SRI. CHAMUNDESHWARI HALL, MG ROAD, KOLAR – 563101.

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19 . SMT P. INDIRAMMA, W/O. V R PANDURANGAIAH SETTY, AGED ABOUT 71 YEARS, R/AT NO. 3,.MG ROAD, KOLAR 563101, PROPRIETOR,

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CCC 528/2020

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SURABHI FANCY STORES, MG ROAD, KOLAR 563101.

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20 . SRI. K P RAJENDRAKUMAR, S/O. LATE. K G PANDURANGARAO, AGED ABOUT 59 YEARS, R/AT SRI. PANDURANGA NILAYA, GOWRIPET 2ND CROSS, KOLAR 563101, PROPRIETOR, FANCY HALL, MG ROAD, KOLAR 563101

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21 . SRI. C V DHEERAJ PRASANNA S/O. CK VENKATAMUNIYAPPA, AGED ABOUT 43 YEARS, R/AT DAT STREET, NO. 1660, KOLAR 563101. PROPRIETOR, D V DHEERAJ PRASANNA, CVM STORES, K.NO. 2585, BIG BAZAAR, KOLAR 563101

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22 . SMT. B S GIRIJAMBA, W/O.LATE. B C SUBRAMANYAM, AGED ABOUT 74 YEARS, R/AT ANUPAMA NILAYA, I CROSS, II LEFT NEAR AGRO OFFICED, JAYANAGAR, KOLAR 563101.

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PROPRIETOR,

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SUBRAMANYAM CLOTH STORES, K.NO. 20, ASSESSMENT NO. 21, AMMAVARPET, KOLAR 563101

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23 . SRI. B R NAGESHWARAPRASAD S/O. LATE. B C RAVEENDRA PRAKASH, AGED ABOUT 43 YEARS, R/AT PRATEEKASHA,

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CCC 528/2020

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I CROSS, NEW EXTENSION, KOLAR 563101. PROPRIETOR, PRASAD JEWELERS, OPP. VEGETABLE MARKET BIG BAZAAR, KOLAR 563101.

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24 . SRI. SUBBU KRISHNAN, S/O. BELE MUNIYAPPA, AGED ABOUT 69 YEARS, R/AT AGRO OFFICE, I CROSS, NANDINI NILAYA, PC EXTENSION, KOLAR 563101. PROPRIETOR, SUMANGALI BANGLE STORE, MG ROAD, KOLARE 563101 … COMPLAINANTS

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(BY SRI S.SUNIL RAO A/W SRI T SESHAGIRI RAO, ADVS.)

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AND

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1 . THE STATE OF KARNATAKA, REP BY ITS CHIEF SECRETARY, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE 560001.

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2 . THE CITY MUNICIPAL COUNCIL, KOLAR REP BY ITS AUTHORIZED OFFICERS, MR B M MUBARAK, KOLAR CITY, KOLAR DISTRICT,

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3 . DEPUTY COMMISSIONER, KOLAR DISTRICT, COURT CIRCLE KOLAR CITY, KOLAR DISTRICT. ..ACCUSED

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CCC 528/2020

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED HEREIN FOR HAVING DELIVEREATELY AND WILFULLY DISOBEYED THE ORDER DATED 30.01.2015 PASSED IN W.P.NO.3835/2015 AND ORDER DATED 03.02.2015 PASSED IN W.P.NO.4302-4312/2015 AND THE ENSUING INTERIM ORDERS PASSED THERETO.

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THIS CCC COMING ON FOR ORDERS, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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The breach alleged is of the interim order dated 30^th January 2015, which was continued further by order dated 7^th September 2020. The said order is against the City Municipal Council of Kolar. The order restrains the City Municipal Council from taking any precipitative action including demolition of the schedule property till next date of hearing.

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The allegation made in the present contempt petition is that the respondents-accused came to the properties of the complainants at about 10.30 p.m. and have tried to demolish some of the buildings of the complainants standing on the properties by making markings for road widening. A threat was given that they would demolish the buildings within two days.

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CCC 528/2020

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3. Learned Counsel appearing for the petitioners-

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complainants relies upon the newspaper reports which report certain statements made by the Commissioner of City Municipal Council. However, on a query made by the Court, he accepts that the structures – subject matter of the writ petition have not been demolished.

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We have considered the submissions. Firstly, the allegations are against the State of Karnataka, City Municpal, Kolar and the Deputy Commissioner. No individual is made party respondent. The essence of the interim order of which breach is alleged is, that the schedule property (structures – subject matter of the writ petition) shall not be demolished. Even as of today, admittedly, the demolition has not been carried out.

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The contempt petition is based only on apprehensions and newspaper reports. As of today, no case is made out to initiate action under the Contempt of Court Act, 1971, against the respondents/accused. So long as the interim order dated 7^th September 2020 is in operation, it is obvious that respondent

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CCC 528/2020

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No.2 cannot take action of demolition of the structures which are

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subject matter of the pending writ petitions.

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Suffice to say that no initiation of action for contempt is warranted at this stage.

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Subject to what is observed above, the petition is disposed

of.

Sd/CHIEF JUSTICE

Sd/JUDGE

Sri M R Muniyappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri M R Muniyappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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