The single judge dropped contempt proceedings against an Assistant Executive Engineer for non-implementation of an interim order, noting that construction removal proceedings were pending and most unauthorized portions had been removed.
Contempt proceedings dropped.
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CCC No. 2132 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2022
PRESENT
THE HON'BLE MR JUSTICE B.VEERAPPA
AND
THE HON'BLE MRS JUSTICE K S HEMALEKHA
CIVIL CONTEMPT PETITION NO. 2132 OF 2018
BETWEEN:
BOTH ARE R/AT J S SPLENDOR 103, 1ST FLOOR, 8TH CROSS, MUNINANJAPPA LAYOUT RAMAMURTHYNAGAR BENGALURU-560 043.
DULY REPRESENTED BY ITS PA HOLDER SRI RAJENDRAN M, S/O MUNISWAMY AGED ABOUT 65 YEARS R/A No.688, 2ND FLOOR Digitally signed 7TH MAIN ROAD, RBI LAYOUT byNIRMALADEVI J.P.NAGAR, 7TH PHASE BENGALURU-560 078. Location: HIGH COURT OF KARNATAKA
…COMPLAINANTS
(BY SRI C V MANJUNATHA, ADVOCATE)
CCC No. 2132 of 2018
AND:
SRI VENKATESH MURTHY THE ASST. EXECUTIVE ENGINEER BBMP HORAMAVU SUB-DIVISION BENGALURU-560 043.
...RESPONDENT
(BY SRI K N PUTTEGOWDA, ADVOCATE)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PYAING TO PUNISH THE ACCUSED FOR SHOWING WILLFUL DISRESPECT TO THE ORDER OF THIS HON'BLE COURT DATED 05.09.2018 PASSED IN W.P.NO. 18462 OF 2018 (LB-BMP).
THIS CCC COMING ON FOR ORDERS, THIS DAY, B.VEERAPPA J., MADE THE FOLLOWING:
ORDER
This contempt petition is filed by the complainant to take action against the accused-Assistant Executive Engineer, Bruhath Bengaluru Mahanagara Palike (for short, BBMP), Horamavu Sub-Division, for not implementing the interim order dated 05.09.2018 made in Writ Petition No.18462 of 2018 (LBBMP) by the learned Single Judge wherein the learned Single Judge has directed the second Respondent-BBMP to ensure that the further illegal construction is not continued by the third
CCC No. 2132 of 2018
respondent. The personal appearance of the second respondent is dispensed with. It was alleged that the second respondent has not implemented the interim order passed by this Court, thereby the third respondent continued illegal construction. Therefore, contempt petition came to be filed.
"3. Learned counsel for the respondent Nos.1 and 2, would submits that proceedings have been initiated under the provisions of Section 321(1) of the Karnataka Municipal Corporations Act, 1976 and that pursuant to the notice, respondent No.3 had approached the Karnataka Appellate Tribunal and as no interim relief was granted and final notice having been issued, they have already commenced the action for removal of the unauthorized portions. Learned counsel for respondent No.3 submits that respondent Nos.1 and 2 have virtually removed 90% of the unauthorized construction.
CCC No. 2132 of 2018
4. The submission of the learned counsel for respondent No.3 and respondent Nos.1 and 2 is placed on record. The relief sought for by the petitioners is virtually answered by respondent Nos.1 and 2".
complainant is complied with, thereby, there is no
contempt made by the learned counsel for the complainant against the interim order passed by the learned Single Judge. Therefore, we pass the following:
ORDER
The Contempt Proceedings are dropped .
Sd/JUDGE
Sd/JUDGE
List No.: 1 Sl No.: 38
DH
Sri Murali Krishna Naidu
Smt. Ruby Murali
Sri Venkatesh Murthy
B Veerappa
K S Hemalekha
As recorded by the court registry
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