In a contempt petition alleging breach of an interim order to pursue municipal proceedings expeditiously, the Court held that the accused filed an undertaking to take legal steps after an interim order was vacated, making further punishment unnecessary.
No further action under the Contempt of Courts Act, 1971 is called for; the petition is disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2021
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ
C.C.C. NO. 331 OF 2021 (CIVIL)
BETWEEN:
ARCH BISHOP AGED ABOUT 66 YEARS BENGALURU REPRESENTED BY GPA HOLDER K.SUSAIRAJ S/O LATE KIRITAPPA AGED 72 YEARS RESIDING AT NO.2 GOVT. PRE UNIVERSITY COLLEGE ROAD KRISHNARAJAPURAM BENGALURU-560 036. (BY SHRI RAVI H.K, ADVOCATE FOR M/s KANTHARAJA & ASSOCIATES)
... COMPLAINANT
AND:
NAGAPPA KAMATTI ASSISTANT EXECUTIVE ENGINEER K.R.PURAM SUB-DIVISION BBMP BENGALURU-560 036. (BY SHRI K.N.PUTTE GOWDA, ADVOCATE)
... ACCUSED ---
THIS C.C.C. IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO
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PUNISH THE ACCUSED FOR THE DISOBEDIENCE OF THE ORDER DATED 09.10.2020 PASSED BY THE LEARNED SINGLE BENCH OF THIS HON'BLE COURT DATED 09.10.2020 PASSED BY THE LEARNED SINGLE BENCH OF THIS COURT IN W.P.31483/2019 AND GRANT SUCH OTHER RELIEFS IN THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING THE COSTS IN THE INTEREST OF JUSTICE AND EQUITY,
THIS C.C.C. COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The breach alleged is of the order dated 9th October, 2020 passed by the learned Single Judge. Paragraph 2 of
the said order reads thus:
"In view of the said submission, no notice is ordered to R-3 to 5, this petition stands disposed of with a direction to the second respondent - Assistant Executive Engineer, K.R.Puram Sub Division, BBMP to pursue the Provisional Notice issued under Section 321(1) and (2) of the Act and conclude the proceedings in accordance with law as expeditiously as possible and at any rate within a period of two months from the date of receipt of copy of this order.
It is ordered accordingly."
The reply affidavit filed by the accused records that even before the aforesaid order was passed, the order of
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confirmation under sub-section (3) of Section 321 of the Karnataka Municipal Corporations Act, 1976 was passed on 1st October, 2019. However, we find that further steps were not taken by the accused.
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" 7. It is submitted that, the BBMP instructed its panel advocate before KAT to file statement of objections and IA for vacating interim order dated 21.05.2021. Immediately after vacating the interim order passed by the KAT in Appeal No.636/2020, the steps will be taken in accordance with law."
Sd/CHIEF JUSTICE
Sd/JUDGE
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1 issue framed by the court
Whether punishment under the Contempt of Courts Act, 1971 is called for for alleged breach of an interim order directing expeditious proceedings.
1 provisions across 1 enactments
Abhay S. Oka
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
