This petition for contempt was withdrawn as the accused tendered an unconditional apology and complied with the order. The court discharged the contempt notice but awarded costs of Rs. 20,000/-.
Contempt notice discharged; costs of Rs. 20,000/- awarded to complainant. Petition 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2021 PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
C.C.C NO.532 OF 2020 (CIVIL)
BETWEEN:
SRI ANJANAPPA AGED ABOUT 78 YEARS, S/O LATE NARAYANAPPA R/AT HARALUR VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGLAURU RURAL DISTRICT, BENGALURU - 562 110.
... COMPLAINANT
(BY SHRI K SUMAN, ADVOCATE)
AND:
1 . SRI R ANIL KUMAR SPECIAL LAND ACQUISITION OFFICER-II KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BHARATIYA SCOUTS AND GUIDES BUILDING, SHANTHI GRUHA BESIDE MAHARANI COLLEGE OF ARTS AND COMMERCE, PALACE ROAD, BENGLAURU-560 001.
... ACCUSED
2 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA BENGALURU-560 001.
... RESPONDENT No.2 (vide Court order dated 13.11.2020) (SHRI P.V.CHANDRASHEKAR, ADVOCATE FOR ACCUSED No.1)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS UNDER THE PROVISIONS OF THE CONTEMPT OF COURTS ACT AGAINST THE ACCUSED PERSON OF HIS WILLFUL AND DELIBERATE DISOBEDIENCE OF THE ORDER OF THIS HON’BLE COURT DATED 25.06.2020 IN WRIT PETITION No.8154/2020 I.E. ANNEXURE-A AND TO PUNISH THE ACCUSED PERSON IN ACCORDANCE WITH LAW AND BE FURTHER PLEASED TO ENFORCE ABSOLUTE COMPLIANCE OF THE SAID ORDER PASSED BY THIS HON’BLE COURT IN ALL RESPECTS BY THE ACCUSED, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CCC COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The learned counsel appearing for the accused No.1 tenders an additional compliance affidavit affirmed on 15th January 2021 which records that compliance has been made and the compensation amount of Rs.12,75,00,000/- has been transferred to the complainant’s account by RTGS.
following order:
Sd/CHIEF JUSTICE
Sd/JUDGE
AHB
2 issues framed by the court
Whether contempt proceedings against the accused should be maintained after tendering an unconditional apology and compliance.
Whether costs should be awarded against the accused despite the discharge of the contempt notice.
2 provisions across 2 enactments
Sri Anjanappa
Sri R Anil Kumar
The State of Karnataka
Abhay S. Oka
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
