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High Court of Karnataka · body

2025 DAILYLAW 15546 (KAR)

R. SRIRAM v. JAYARAM. N

CCC/123/2024 · 2025-03-18

M I Arun, N V Anjaria Cj

body2025

Judgment text

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- 1 - NC: 2025:KHC:11417-DB CCC No. 123 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH 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) AND: 1. JAYARAM. N, COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, SHESHADRIPURAM, BENGALURU - 560 020. 2. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - 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: - 3 - NC: 2025:KHC:11417-DB CCC No. 123 of 2024 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. 3. 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. 4. 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. 5. The contempt petition is disposed of accordingly as not surviving. - 5 - 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