Disposed

Smt Prabha Shankara Narayana v. Sri. M.B. Rajesh Gowda

Karnataka HC6 Dec 2022CCC/332/2021

Case brief

AI extract

What is this about?

The High Court in Criminal Civil Contempt Proceedings commenced under Sections 11 and 12 of the Contempt of Courts Act for disobeying a Single Judge order in a land allotment matter. The Court stayed the proceedings as the Supreme Court had stayed the underlying High Court order.

What did the court decide?

Civil Contempt Proceedings were dropped, with liberty to file a fresh petition after the Supreme Court disposal of the Special Leave to Appeal.

Smt Prabha Shankara Narayana Vs Sri. M.B. Rajesh… — Writ and Judicial Review | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 06^TH DAY OF DECEMBER, 2022

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PRESENT

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THE HON’BLE MR. JUSTICE B.VEERAPPA

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AND

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THE HON’BLE MRS. JUSTICE K.S.HEMALEKHA

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C.C.C. No.332/2021 (CIVIL)

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BETWEEN:

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SMT. PRABHA SHANKARA NARAYANA, W/O. SRI SHANKARA SEETHARAMA, AGED ABOUT 61 YEARS, R/AT NO.380, 2^ND FLOOR, 2^ND MAIN, 3^RD CROSS, H.M.T. LAYOUT, ANANDNAGAR, BENGALURU – 560 024.

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REPRESENTED BY HER GPA HOLDER SRI R. RAMASWAMY S/O. R. RAGHUPATHI, AGED ABOUT 67 YEARS, R/AT NO.380, 2^ND FLOOR, 2^ND MAIN, 3^RD CROSS, H.M.T. LAYOUT, ANANDNAGAR, BENGALURU – 560 024. ... COMPLAINANT (BY SMT. VAIBHAVI BHAT, ADVOCATE FOR SRI K.S. NARAYANA SWAMY, ADVOCATE)

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AND:

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SRI M.B. RAJESH GOWDA, COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU – 560 020.

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... ACCUSED

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(CAUSE TITLE AMENDED CARRIED OUT VIDE COURT ORDER DATED 25/06/2021).

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(BY SRI SACHIN B.S., ADVOCATE)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON’BLE HIGH COURT BE PLEASED TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING DELIBERATELY AND INTENTIONALLY DISOBEYED, DISRESPECTED THE ORDER DATED 05.02.2020 IN W.P.NO.25893/2017 (BDA) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND PUNISH THE ACCUSED, IN ACCORDANCE WITH LAW.

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THIS CCC COMING ON FOR ORDERS, THIS DAY, B.VEERAPPA J ., PASSED THE FOLLOWING:

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O R D E R

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The complainant has filed the present contempt

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petition to take action against the accused under the provisions of Sections 11 and 12 of the Contempt of Courts Act for willful disobedience of the order dated 05.02.2020 passed by the learned Single Judge made in W.P.No.25893/2017, which reads as under:

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“i) The order of cancellation passed by the respondent-BDA in favour of the petitioner herein is hereby set aside.

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ii) However since site No.806 has already been allotted in favour of the fifth respondent, the respondent-BDA is hereby directed to allot an alternative site to the petitioner in the same Layout as Site No.806 i.e., III Block Koramangala Bangalore, subject to availability. If a site is not available, then allotment of an alternative site in the nearby vicinity or in the Layout formed subsequently in the very same order, as the formation of Layouts shall be followed and a suitable alternative site shall be allotted to the petitioner. The consent of the petitioner shall be taken before allotment of the site.

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iii) The entire exercise of allotment of site shall be completed within a period of three months from today.

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iv) Since a doubt has been created in the mind of the respondent-authority, it is hereby directed that the petitioner herself shall be present while giving the consent for the site and for getting the possession certificate and sale deeds executed in her favour.”

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Against the said order passed by the learned Single Judge, the BDA has filed Writ Appeal

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No.943/2021 before the Co-Ordinate Bench of this Court, which came to be dismissed on 05.10.2021.

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Thereby, the present contempt petition came

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to be filed by the complainant to implement the order passed by the learned Single Judge.

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Aggrieved by the order of the Co-Ordinate

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Bench of this Court, the BDA preferred Special Leave to Appeal (C) No.1096/2022 before the Hon’ble Supreme Court.

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Learned counsel for the accused produced a

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copy of the order dated 18.02.2022 passed by the Hon’ble Supreme Court, wherein the Hon’ble Supreme Court while issuing notice to the respondent, stayed the operation and implementation of the impugned judgment dated 05.10.2021 passed by the Co-Ordinate Bench of this Court.

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The order passed by the Hon’ble Supreme

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Court is placed on record.

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For the reasons stated above, the contempt proceedings has to be disposed of awaiting decision of the Hon’ble Supreme Court in Special Leave to Appeal (C) No.1096/2022.

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In view of the above, we pass the following:

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ORDER

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The Civil Contempt Proceedings are hereby dropped reserving liberty to the complainant to file a fresh contempt petition after disposal of the Special Leave to Appeal (C) No.1096/2022 pending between the parties before the Hon’ble Supreme Court, if the need arises and in accordance with law.

Sd/-

JUDGE

Sd/JUDGE

MBM

Smt Prabha Shankara Narayana v. Sri. M.B. Rajesh Gowda

Case brief

What is this about?

What did the court decide?

Smt Prabha Shankara Narayana v. Sri. M.B. Rajesh Gowda

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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