Disposed

Sri Mahadevamurthy K R v. Sri Ravikumar

Karnataka HC23 Oct 2024CCC/159/2022

Case brief

AI extract

What is this about?

Civil contempt petition filed against the City Municipal Council and the State for willful disobedience of a 2021 order. The court noted that the respondent filed an affidavit showing consideration of the application and an endorsement agreeing to priority; consequently, the petition was disposed of without further consideration.

What did the court decide?

The contempt petition was disposed of as the accused was deemed to have complied with the impugned order.

Sri Mahadevamurthy K R Vs Sri Ravikumar — Contempt of Court | Karnataka HC (2024)

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NC: 2024:KHC:42674-DB CCC No. 159 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF OCTOBER, 2024

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE RAJESH RAI K

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CIVIL CONTEMPT PETITION NO. 159 OF 2022

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BETWEEN:

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SRI. MAHADEVAMURTHY K.R AGED ABOUT 51 YEARS S/O K. RAMAIAH R/AT NO.131, EWS, 1^ST STAGE, K.H.B COLONY KALKUNIKE, HUNSUR TOWN, MYSORE DISTRICT – 571 105.

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…COMPLAINANT

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(BY SRI. B.S NAGARAJ, ADVOCATE)

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AND:

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Digitally signed by HARIKRISHNA V Location: HIGH 1. SRI. RAVIKUMAR COURT OF THE COMMISISONER/THE KARNATAKA THEN CHIEF OFFICER CITY MUNICIPAL COUNCIL HUNSUR, MYSORE DISTRICT – 571 105.

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THE STATE OF KARNATAKA REP BY ITS PRL. SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION, VIKASA SOUDHA, BENGALURU - 560 001. …ACCUSED (BY SMT. GEETHA DEVI M.P, ADVOCATE FOR R1, SRI. DEVARAJ C.H, GOV.ADVOCATE FOR R2)

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2 - NC: 2024:KHC:42674-DB CCC No. 159 of 2022

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THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THE ACCUSED FOR WILFUL DISOBEDIENCE OF THE ORDER DATED 13.07.2021 PASSED BY THIS HON’BLE COURT IN WP NO.105/2014 (LB-RES) COPY AT ANNEXURE-A.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and

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HON'BLE MR JUSTICE RAJESH RAI K

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

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This contempt proceedings has been initiated by the

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complainant against the respondents under Sections 11 and 12 of the Contempt of Courts Act, 1971 r/w Section 215 of Constitution of India for willful disobedience of the order dated 13.07.2021 passed by the learned Single Judge in W.P.No.105/2024(LB-RES) vide Annexure-A.

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Learned counsel Sri B.S.Nagaraj for complainant similarly Smt.Geetha Devi M.P, for respondent/accused No.1 and learned Government Advocate Sri Devaraj C.H, for respondent No.2/State are present before the Court physically.

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3 - NC: 2024:KHC:42674-DB CCC No. 159 of 2022

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Whereas, learned counsel for respondent/accused No.1 submits that on 31.05.2022, a detailed affidavit has been filed by respondent No.1-Sri Ravi Kumar, City Municipal Council, Hunsur, which consist Paragraph Nos.1 to 9. In Paragraph No.7 of the said affidavit, it is stated that ‘the Government and local bodies were busy with COVID-19 relative activities i.e., preventive measures, vaccination etc. The copy of the above intimation sent to the complainant by post and RPAD, but the same was returned with an endorsement as ‘refused’. One sealed cover and another original cover along with letters are herewith produced and marked as AnnexuresR3 and R4. Our office made efforts to serve the above reply in person by the complainant and also refused to receive the intimation. The complainant is fully aware of all these developments. Further, in Paragraph No.8, it is stated that ‘subsequently the Ashraya Committee met on 12.04.2022 and the application of the complainant was taken on record. The Ashraya Committee has resolved that when the sites are being distributed under the Ashraya Scheme, the representation of the complainant will be considered on priority basis, if he is found eligible in accordance with rules and law. True extracts of

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NC: 2024:KHC:42674-DB CCC No. 159 of 2022

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the Ashraya Committee meeting held on 12.04.2022 along with English translation are herewith produced and marked at Annexure-R5 for the purpose of perusal.

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She also submits with regard to additional affidavit filed along with Annexure-R6-the endorsement issued by City Municipal Council, Hunsur, allotting the site as per the direction dated 13.07.2021 issued by the learned Single Judge in W.P.No.105/2014 (LB-RES). In the said endorsement is stated that ‘the above matter was considered and discussed at a meeting of the Ashraya Committee under the chairmanship of Ashraya Committee. The Ashraya Committee has unanimously decided to consider your application on priority basis in accordance with law at the time of distribution of site under Ashraya Scheme. Copy of the resolution dated 12.04.2022 of the Ashraya Committee is herewith enclosed for information.

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Therefore, keeping in view the submission made by the learned for respondent/accused No.1 so also the contents averred in the endorsement dated 01.06.2022 by the City Municipal Council, Hunsur, we deemed appropriate to state the

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NC: 2024:KHC:42674-DB CCC No. 159 of 2022

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respondent/accused No.1 has complied the order passed by the learned Single Judge in W.P.No.105/2014 dated 13.07.2021.

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Consequently, this contempt petition does not

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survive for consideration as sought for and the same is

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disposed of .

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Sd/(K.SOMASHEKAR)

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JUDGE

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Sd/(RAJESH RAI K) JUDGE

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HKV

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List No.: 1 Sl No.: 6

Sri Mahadevamurthy K R v. Sri Ravikumar

Case brief

What is this about?

What did the court decide?

Sri Mahadevamurthy K R v. Sri Ravikumar

Case brief

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What did the court decide?

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