R. Sriram Vs Jayaram. N — Contempt of Court | Karnataka HC (2025)

R. Sriram Vs Jayaram. N — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Cheque No.609851 for Rs.3,09,63,178/- handed over to the complainant in open court; the learned Single Judge's directions recorded as complied with; contempt petition disposed of as not surviving, with liberty to pursue the TDS aspect with the Income Tax Authorities and to press remaining/outside claims in accordance with law.

Issue for consideration

Whether the accused (Commissioner, Bengaluru Development Authority and State of Karnataka) deliberately and intentionally disobeyed/violated the court order dated 30.11.2022 passed in WP No.4069/2022 (LA-BDA), warranting action under Sections 11 and 12 of the Contempt of Courts Act. +1 more

Court's answer

The contempt petition is disposed of as not surviving.

Ratio / Principle

Upon the respondents handing over cheque No.609851 for Rs.3,09,63,178/- (original amount Rs.3,26,44,822/- minus income tax deducted at source) to the complainant in open court, the directions of the learned Single Judge dated 30.11.2022 stand complied with.

Key takeaways

Regarding the deduction of tax at source from the amount paid, the complainant may pursue that aspect and settle the same with the Income Tax Authorities; the court did not adjudicate the point.obiter¶¶35
As far as the remaining amount is concerned, the complainant is at liberty to press the claim in accordance with law, and the court does not express any opinion on merits.obiter¶¶36
With respect to any other claim outside the directions of the learned Single Judge, it is open for the complainant to prosecute the same in independent proceedings in accordance with law.

Detailed headnote1 paragraphs

Contempt of Courts Act, Sections 11 and 12 — civil contempt — alleged deliberate disobedience of the learned Single Judge's order dated 30.11.2022 in WP No.4069/2022 (LA-BDA), which had set aside the award (dated 01.03.2017) direction for grant of alternate land to the extent of 50% of the award amount (Rs.1,47,33,568/-) and directed payment of Rs.2,94,67,137/- with applicable interest within two months — before disposal, respondents handed over in open court cheque No.609851 for Rs.3,09,63,178/- (original amount Rs.3,26,44,822/- less tax deducted at source) to the complainant — Division Bench (oral judgment authored by Chief Justice N. V. Anjaria with Justice M.I. Arun) held that with this payment the Single Judge's directions stood complied with; the tax-deduction-at-source aspect was left to be pursued and settled by the complainant with the Income Tax Authorities; claims to the remaining amount and any claim outside the Single Judge's directions were left open to be pressed/prosecuted independently in accordance with law, without expression of opinion on merits — contempt petition disposed of as not surviving.

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NC: 2025:KHC:11417-DB CCC No. 123 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF MARCH, 2025

PRESENT

THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE M.I.ARUN CCC NO.123 OF 2024 (CIVIL)

BETWEEN:

R. SRIRAM AGED 60 YEARS, S/O. LATE RAMASWAMY, YELETHOTADA PALYA, GOLLAHALLI, ANJANAPURA, BANGALORE - 560 062.

…COMPLAINANT

(BY SRI. D.R.RAVISHANKAR, SENIOR ADVOCATE A/W SRI. U. VIGNESHWARA, ADVOCATE)

Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka

AND:

JAYARAM. N, COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, SHESHADRIPURAM, BENGALURU - 560 020.

STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY,

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NC: 2025:KHC:11417-DB CCC No. 123 of 2024

DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU - 560 001.

…ACCUSED

(BY SMT. S.S. LATHA, ADVOCATE FOR SRI. MURUGESH V. CHARATI, ADVOCATE FOR R1; SRI. NAVEEN CHANDRASHEKAR, AGA FOR RESPONDENTS/ACCUSED)

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO TAKE ACTION AGAINST THE ACCUSED FOR DELIBERATELY AND INTENTIONALLY DISOBEYING/VIOLATING THE COURT ORDER DATED 30.11.2022 PASSED IN WP NO.4069/2022 (LA-BDA) VIDE ANNEXURE-A.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR. JUSTICE M.I.ARUN

ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

The directions of learned Single Judge in order dated 30.11.2022 sought to be complied with in this contempt petition reads as under:

"(ii) The impugned award at Annexure-A dated 01.03.2017 insofar as it relates to directing grant of alternate land to an extent of 50% of the award amount i.e., Rs.1,47,33,568/- is hereby set aside.

(iii) Respondents are directed to pay the entire sum of Rs.2,94,67,137/together with applicable interest, after giving necessary deductions to the amount already paid, if any, to the petitioner within a period of two months from the date of receipt of a copy of this order."

2. Today, when the contempt petition came up for

consideration, learned advocate for the respondents submitted on record a Memo dated 18.03.2025 along with

4 - NC: 2025:KHC:11417-DB CCC No. 123 of 2024

which, copy of cheque bearing No.609851 for a sum of Rs.3,09,63,178/-, being Original amount

Rs.3,26,44,822/- minus income tax deducted at source, is handed over to learned Senior Advocate Mr. D.R.Ravishankar today in the open court to be handed over to the complainant.

Above deduction of tax at source, it was submitted, is not permissible in view of law laid down by this Court. This aspect may be pursued by the complainant to settle the same with Income Tax Authorities.

As far as remaining amount is concerned, the complainant is at liberty to press claim in accordance with law and in respect of the same, the court does not express any opinion on merits. With payment of aforesaid amount made today by way of cheque, the directions of the learned Single Judge are complied with.

The contempt petition is disposed of accordingly as not surviving.

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NC: 2025:KHC:11417-DB CCC No. 123 of 2024

With respect to any other claim outside the directions of the learned Single Judge, it is open for the complainant to prosecute the same in an independent proceedings in

accordance with law.

Sd/(N. V. ANJARIA) CHIEF JUSTICE

Sd/(M.I.ARUN) JUDGE

SMJ

List No.: 1 Sl No.: 69