Dismissed

Mr G S Prabhakar v. Mr Rajesh Gowda

Karnataka HC13 Jan 2022CCC/645/2021

Case brief

AI extract

What is this about?

The complainants filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act against the Bangalore Development Authority for willful disobedience of an order. The Court observed that the authority had already considered the relevant representation and passed a subsequent order on compliance, which was not disputed. Consequently, the Court dropped the contempt proceedings.

What did the court decide?

Contempt proceedings against the accused are hereby dropped. The petition is dismissed.

Mr G S Prabhakar Vs Mr Rajesh Gowda — Contempt of Court | Karnataka HC (2022)

¶1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶2

DATED THIS THE 13^TH DAY OF JANUARY, 2022

¶3

PRESENT

¶4

THE HON'BLE MR. JUSTICE B. VEERAPPA

¶5

AND

¶6

THE HON’BLE Mrs. JUSTICE M.G. UMA

¶7

C.C.C.No.645/2021 (CIVIL)

¶8

BETWEEN:

¶9

MR. G.S. PRABHAKAR AGED ABOUT 64 YEARS S/O LATE SRI G. SRINIVASAN, NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027.

¶10

MR. G.S. VIJAYA RAGHAVA AGED ABOUT 61 YEARS S/O LATE SRI G. SRINIVASAN, NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027.

¶11

MR G.S. AMARNATH AGED ABOUT 54 YEARS S/O LATE SRI G. SRINIVASAN, NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027.

¶12

MRS. SAROJA VENKATARAJU AGED ABOUT 66 YEARS W/O LATE SRI G.S. VENKATARAJU, FLAT NO. 114, BRIGADE PALM SPRING, 24^TH MAIN, 7^TH PHASE, JP NAGAR,

¶13

¶14

BANGALORE - 560 078.

¶15

MRS. RAMYA VENKATARAJU AGED ABOUT 43 YEARS D/O LATE G.S. VENKATARAJU FLAT NO. 114, BRIGADE PALM SPRING, 24^TH MAIN, 7^TH PHASE, JP NAGAR, BANGALORE - 560 078.

¶16

MR. V. HARSHA AGED ABOUT 41 YEARS S/O LATE G.S. VENKATARAJU FLAT NO. 114, BRIGADE PALM SPRING, 24^TH MAIN, 7^TH PHASE, JP NAGAR, BANGALORE - 560 078.

¶17

MRS. G.S. KUSUMA RANI AGED ABOUT 59 YEARS D/O LATE SRI G. SRINIVASAN, NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027.

¶18

MRS. BHANVANI GOWDA AGED ABOUT 57 YEARS D/O LATE SRI G. SRINIVASAN, NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027.

¶19

MRS. G.S. DHANALAKSHMI AGED ABOUT 55 YEARS D/O. LATE SRI G. SRINIVASAN, NO. 2, 5^TH CROSS, MUNIMARAPPA BLOCK, JAYACHAMRAJANAGAR BANGALORE - 560 006

¶20

MRS. B.N. KAMALA AGED ABOUT 75 YEARS D/O LATE SRI G. SRINIVASAN, NO. 5, ORIENT POWER PRESS COMPOUND,

LALBAGH ROAD,

BANGALORE - 560 027.

MR. S.V. BHASKAR AGED ABOUT 55 YEARS S/O LATE SRI G.S. VISHWANATH, NO. 163, 2^ND CROSS, R.K. GARDENS, NEW BEL ROAD, RMV 2^ND STAGE, BANGALORE - 560 054

¶25

MR. S.V. SANJAY AGED ABOUT 55 YEARS S/O LATE SRI G.S. VISHWANATH, NO. 414/2, 2^ND FLOOR, 12^TH CROSS, 6^TH MAIN, SADASHIVANAGAR, BANGALORE - 560 027

¶26

MR. S.V. HEMANATH KUMAR AGED ABOUT 52 YEARS S/O LATE SRI G.S. VISHWANATH, NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027

¶27

MRS. G.S. SARASWATHI AGED ABOUT 70 YEARS D/O LATE SRI G.S. SRINIVASAN, RAMAKRISHNA MUTTA CROSS ROAD, ULSOOR, BANGALORE - 560 008

¶28

MRS. KALAVATHI AGED ABOUT 55 YEARS D/O LATE SRI B. SOMASHEKHAR, NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027

¶29

MR. S.J. KIRAN AGED ABOUT 44 YEARS S/O LATE SRI G.S. JAYARAM,

¶30

¶31

NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD,

¶32

BANGALORE - 560 027

¶33

MR. S.J. SUMAN AGED 56 YEARS, NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027

¶34

MRS. SMITHA ANIL AGED ABOUT 56 YEARS, HRBR LAYOUT, 3^RD BLOCK, KALYAN NAGAR, BANGALORE - 560 043

¶35

MRS. S. DAMODHAR AGED ABOUT 58 YEARS S/O LATE SRI B. SOMASHEKHAR, NO. 32, SATYANARAYANA TEMPLE ROAD, ULSOOR, BANGALORE - 560 008

¶36

MRS. S. KUSUMA AGED ABOUT 52 YEARS D/O LATE SRI B. SOMASHEKAR, NO. 6, 9^TH STREET, ULSOOR, BANGALORE - 560 008

¶37

MR. S.K. ANOOP AGED ABOUT 56 YEARS NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027

¶38

MR. S.K. VINAY AGED ABOUT 56 YEARS NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027

¶39

¶40

MRS. S.K. MANASWANI AGED ABOUT 36 YEARS D/O LATE SRI G.S. KUMARASWAMY, NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027

¶41

MRS. S.P. ASHWINI AGED ABOUT 35 YEARS D/O LATE SRI G.S. PRABHAKAR, NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027

¶42

MRS. S.P. ROHINI AGED ABOUT 56 YEARS NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027

¶43

MR. S.V. MANU GOWDA AGED ABOUT 36 YEARS S/O LATE SRI G.S. VIJAYARAGHAVA, NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027

¶44

MRS. S.V. MEGHA AGED ABOUT 34 YEARS D/O LATE SRI G.S. VIJAYARAGHAVA, NO. 5, ORIENT POWER PRESS COMPOUND, LALBAGH ROAD, BANGALORE - 560 027

¶45

MR. ARJUN B. GOWDA AGED ABOUT 56 YEARS, S/O S.V. BHASKAR, NO. 163, 2^ND CROSS, RK GARDENS, NEW BEL ROAD, RMV 2^ND STAGE, BANGALORE - 560 054.

¶46

REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY

¶47

¶48

M/S PURAVANKARA LIMITED (FORMERLY PURAVANKARA PROJECT LTD) A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 130/1, ULSOOR ROAD, BANGALORE - 566 043, REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR. KEERTHI B.M.

¶49

PURAVANKARA LIMITED

¶50

(FORMERLY PURAVANKARA PROJECT LIMITED), A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 130/1, ULSOOR ROAD, BANGALORE - 566 043. REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR. KEERTHI B.M.

¶51

...COMPLAINANTS

¶52

(BY SRI. JOSEPH ANTHONY, ADVOCATE)

¶53

AND:

¶54

MR. RAJESH GOWDA COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020

¶55

…ACCUSED

¶56

(BY SRI. B. VACHAN, ADVOCATE)

¶57

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, AND RULE 3 OF THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981, PRAYING TO ORDER THAT THE ACCUSED IS GUILTY OF CONTEMPT OF ORDER DATED 16.10.2020 IN W.P.NO.10689/2020 (BDA) PASSED BY THIS HON'BLE COURT AS PRODUCED VIDE ANNEXURE-A.

¶58

THIS CCC COMING ON FOR ORDERS THIS DAY, THROUGH VIDEO CONFERENCE B.VEERAPPA J. , MADE THE FOLLOWING:

¶59

¶60

O R D E R

¶61

The complainants have filed the present contempt petition to take action against the accused under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971, for willful disobedience of the order dated 16.10.2020 made in W.P.No.10689/2020 passed by the learned Single Judge, wherein, the learned Single Judge while disposing of the writ petition directed respondent No.2-BDA therein to consider and pass appropriate orders on the representation dated 17.03.2020, within a period of two months.

¶62

Heard Sri. Joseph Anthony, learned counsel for the complainants and Sri. B.Vachan, learned counsel for the respondent/accused.

¶63

Sri. B.Vachan, learned counsel for the

¶64

respondent/accused submits that the Bangalore Development Authority has already considered the representation of the petitioners/complainants and passed the order dated 30.09.2021 and to that effect, he will file compliance affidavit before this Court today. The same has not been disputed by the learned counsel for the petitioners/complainants.

¶65

¶66

4. The submission of learned counsel for the

¶67

respondent/accused is placed on record.

¶68

In view of the above, we pass the following:

¶69

ORDER

¶70

Contempt proceedings are hereby dropped.

¶71

Sd/JUDGE

¶72

Sd/JUDGE

¶73

SMJ

Mr G S Prabhakar v. Mr Rajesh Gowda

Case brief

What is this about?

What did the court decide?

Mr G S Prabhakar v. Mr Rajesh Gowda

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The National Housing Vs Sri. C.T. Benjamin

Shri Ramesh Babu Vs State of Karnataka

Sri Ramakrishna Vs Shri Manjunath

Sri C Nagaraju Vs Sri Selvakumar

Sri. P Sreeramulu Reddy Vs Sri. M Krishna

R S Biradar Vs Smt. K Leelavathy I a S