MR. A.S. KASHI VISHWANATHA ALIAS A S KASHI VISWANTHA SETTY, v. SRI. TUSHAR GIRINATH,
CCC/209/2025 · 2025-03-28
K V Aravind, N V Anjaria Cj
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 17821 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17821 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13189-DB CCC No. 209 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND CIVIL CONTEMPT PETITION NO. 209 OF 2025 BETWEEN:
1.
MR. A.S. KASHI VISHWANATHA @ A. S. KASHI VISWANTHA SETTY, S/O A. M. SURYANARAYANA SETTY, AGED ABOUT 66 YEARS, R/AT DOOR No.35, SRINIVASA NILAYAM, MAHANTHA LAYOUT, BULL TEMPLE ROAD CROSS, BENGALURU-560019. …COMPLAINANT (BY SRI LAKAMAPURMATH CHIDANANDAYYA, ADVOCATE) AND:
1.
SRI. TUSHAR GIRINATH, CHIEF COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, N. R. SQUARE, BENGALURU-560002.
2.
SMT. VEENA, JOINT DIRECTOR, (TOWN PLANNING) (SOUTH), BRUHAT BANGALORE MAHANAGARA PALIKE, BBMP, COMMERCIAL COMPLEX, 9TH CROSS, 9TH MAIN ROAD, II BLOCK, JAYANAGAR, BENGALURU-560011.
3.
SRI NACHIKETH, ASSISTANT DIRECTOR,
Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13189-DB CCC No. 209 of 2025
(TOWN PLANNING) (SOUTH), BRUHAT BANGALORE MAHANAGARA PALIKE, BBMP, COMMERCIAL COMPLEX, 9TH CROSS, 9TH MAIN ROAD, II BLOCK, JAYANAGAR, BENGALURU-560011. …ACCUSED (BY SMT. RAMYA, ADVOCATE FOR SRI. KARTHIKEYAN B. S., ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT PRAYING TO SUMMON AND PROSECUTE AND PUNISH THE ACCUSED FOR THEIR DELIBERATE AND WILFUL DISOBEDIENCE OF THE ORDER DATED 21.06.2024, VIDE ANNEXURE-A, PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP No.14271/2024.
THIS CCC COMING ON FOR PRELIMINARY HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) In respect of the directions contained in paragraph 4 of the order dated 21.06.2024 passed by learned Single Judge, which are the subject matter of the alleged non-compliance, it was submitted by learned advocate Mr. Lakamapurmath Chidanandayya for the complainant that the complainant-has produced the relevant documents as observed by learned Single Judge, however, the respondents have not so far proceeded to sanction the plan in accordance with law.
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NC: 2025:KHC:13189-DB CCC No. 209 of 2025
2. It is to be noticed from the directions that no time limit was prescribed by learned Single Judge for the respondents to proceed about sanctioning of the plan in accordance with law. The complainant has not communicated to the respondents setting out the time limit for compliance.
3. In that view, it is not possible to conclude at this stage that any contempt much less willful contempt is committed by the respondents.
4. In the circumstances, while this contempt petition is not entertained, it is observed that the competent authority of the respondents shall proceed to comply with the directions of learned Single Judge to sanction the plan, as may be mandatory in law, provided that the complainant has complied with all the requirements, within fourteen weeks from today.
5. The petition is disposed off accordingly. Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (K. V. ARAVIND) JUDGE VBS/List No.: 1 Sl No.: 5