Petition for contempt against Tahsildar for disobedience of tribunal and court orders. Accused filed compliance affidavit submitting orders were complied with and tendered apology. Court dropped the petition.
Contempt petition dropped and accused acquitted.
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CCC No. 1118 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR JUSTICE B.VEERAPPA
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
CCC NO.1118 OF 2019 (CIVIL)
BETWEEN:
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO.1304, 20TH MAIN, 9TH CROSS, J.P. NAGAR II PHASE, BENGALURU - 560 078, REPRESENTED BY ITS MANAGING PARTNER, SRI H.K. VENKATASWAMY
Digitally signed by SUMITHRA R Location: HIGH COURT OF KARNATAKA
(BY SRI. NIRUPAN GOWDA - ADV. FOR SRI.DIVAKAR K.,ADVOCATE)
…COMPLAINANTS
AND:
SRI MANJUNATH TAHSILDAR, BENGALURU SOUTH TALUK, BENGALURU.
… ACCUSED
(BY SRI. KIRAN KUMAR, HCGP)
CCC No. 1118 of 2019
CCC IS FILED UNDER SECTIONS 10, 11 & 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA WHEREIN THE COMPLAINANTS PRAYS TO INITIATE CONTEMPT OF COURT PROCEEDINGS UNDER THE PROVISIONS OF THE CONTEMPT OF COURTS ACT AGAINST THE ACCUSED PERSON FOR HIS WILFUL AND DELIBERATE DISOBEDIENCE OF THE ORDER OF THE HON'BLE KARNATAKA APPELLATE TRIBUNAL, BENGALURU, DATED 10.05.2017 IN APPEAL NO.445/2017 I.E., ANNEXURE-C1 AND THE ORDER OF THIS HON'BLE COURT DATED 23.01.2019 IN CCC NO.1370 AND 1581/2018 (CIVIL) AND TO PUNISH THE ACCUSED PERSON IN ACCORDANCE WITH LAW AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, B VEERAPPA J., MADE THE FOLLOWING:
ORDER
contempt of court proceedings under the provisions of the Contempt of Courts Act, 1971, against the accused for his willful and deliberate disobedience of the order of the Karnataka Appellate Tribunal, Bengaluru, dated 10.05.2017 in Appeal No.445/2017 and the order of this Court dated 23.01.2019 in CCC No.1370 and 1581/2018 (Civil).
1.3.2023 of the Tahsildar, Bengaluru Metro Railway Corporation Limited, Shanthinagar, Bengaluru. Paragraphs 3, 4, 5, 6 and 7 of the aforesaid affidavit are extracted :
CCC No. 1118 of 2019
"3. I submit that, the Revenue entries have been restored vide M.R.No.T21/2022-23 dated 24.02.2023. The copy of the Mutation Register extract bearing M.R.No.T21/2022-23 dated 24.02.2023 is produced herewith as ANNEXURE-R1 for the kind perusal of this Hon'ble Court.
4. I submit that, subsequently based on the said Mutation Register Extract, the Revenue entries have been restored in the RTC and the copy of the RTC pertaining to Sy.Nos. 21/1C6, 21/1C5, 21/1C3, 21/1B, 21/1C, 21/1A, & 21/1C4 have been produced herewith for the kind perusal of ANNEXURE-R2 SERIES.
5. I further submit that, thus the direction issued by the Hon'ble Karnataka Appellate Tribunal, Bengaluru dated 10.05.2017 in Appeal No. 445/2017 and the order of this Hon'ble Court dated 23.01.2019 in C.C.C.No. 1370 and 1581/2018 (Civil) have been complied with. Thus, Mutation order dated 26.02.2017 has been recalled a fresh mutation has been ordered as per ANNEXURE-R1.
6. I most respectfully state that I have highest respect for the orders passed by this Hon'ble Court and I have never violated any conditions or directions issued by this Hon'ble Court wilfully.
7. I most respectfully state that, I tender my unconditional apology and considering the same, the present Contempt proceedings may be dropped against me. I have not wilfully disobeyed or disrespected the orders/directions passed by this Hon'ble Court or any
CCC No. 1118 of 2019
other Court of law, wilfully. I tender my unconditional apology before this Hon'ble Court.
Sd/JUDGE
Sd/JUDGE
rs
List No.: 1 Sl No.: 24
1 issue framed by the court
Whether the contempt of court petition should be allowed in view of the accused's compliance and apology.
M/S. VEDANT PROJECTS
SRI H.K. VENKATASWAMY
SRI MANJUNATH
B.VEERAPPA
VENKATESH NAIK T
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
