In this contempt petition, the Bangalore High Court applied submitted statements and affidavits filed by the accused. After reviewing the files, the Court held that the proceedings lacked substance and consequently dropped the contempt petition filed against BBMP officials.
This contempt proceeding is hereby dropped.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:13112-DB CCC No. 694 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
CCC NO. 694 OF 2022
BETWEEN:
SRI SURYAKANTHA S/O LATE K KRISHNAPPA AGED ABOUT 67 YEARS R/A PRESENT NO.16/1 (OLD NO.L 69, NEW NO.16) GEJJI BASETTE LANE COTTONPET BANGALORE-560053.
…COMPLAINANT
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
(BY SRI. MANU SHANKAR S S - ADVOCATE)
AND:
SAMPIGE ROAD JAI BHEEMANAGAR MALLESHWARAM BANGALORE-560003.
…ACCUSED
(BY SRI. MALLIKARJUN REDDY K S - ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST ALL THE ACCUSED FOR HAVING DELIBERATE AND WILLFUL DISOBEDIENCE OF THE ORDER DATED 11.03.2022 PASSED BY THIS HON’BLE COURT IN W.P.NO.15006/2020 VIDE ANNEXURE-A AND TAKE COGNIZANCE AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.
THIS CCC, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., MADE THE FOLLOWING:
ORDER
Learned counsel Sri Manu Shankar S S for the complainant is present before the Court physically inclusive of Sri Mallikarjun Reddy K.S. for the accused.
with Document Nos.1 to 8. This affidavit is filed by Smt.Hemalatha working as Assistant Executive Engineer, Gali Anjaneya Sub-Division, BBMP, Bengaluru. This
affidavit consists paragraphs 1 to 16. In para 7 of the affidavit it is stated that since the owner of the property in question failed to adhere/comply with Section 248(3) notice of the BBMP Act, sought for permission from Accused No.3 for demolition of the building in question constructed in violation of the statutory provisions and sanction plan. It is further stated that accused No.3 has passed order dated 06.08.2022 under Section 356 of the BBMP Act to demolish the property in question. Documents have been produced along with the affidavit.
for the accused and the affidavit filed on behalf of the accused along with the documents, it is deemed appropriate to state that this contempt proceedings does not have any substance to proceed in further. Learned counsel for the complainant submits that the submission of the counsel for the accused and the affidavit may be taken on record and contempt proceeding may be dropped.
NC: 2024:KHC:13112-DB CCC No. 694 of 2022
counsel for the parties, this contempt proceeding is hereby
dropped.
Sd/-
JUDGE
Sd/JUDGE
DKB
2 issues framed by the court
Whether the contempt proceedings filed for deliberate and willful disobedience of an order date 11.03.2022 merit to be continued or dropped.
Whether submissions by accused regarding alleged failure to comply with statutory notices justify dropping the proceedings.
3 provisions across 3 enactments
K. SOMASHEKAR
RAJESH RAI K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
