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2025 DAILYLAW 18445 (KAR)

SRI. BYLAMARAPPA v. N JAYARAM IAS

CCC/254/2024 · 2025-04-16

K V Aravind, N V Anjaria Cj

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:15738-DB CCC No. 254 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND CIVIL CONTEMPT PETITION No. 254 OF 2024 BETWEEN: 1. SRI. BYLAMARAPPA, S/O LATE NARASAPPA, AGED ABOUT 81 YEARS, 2. SRI KARIYANNA, S/O LATE NARASAPPA, AGED ABOUT 76 YEARS, 3. SRI CHIKKA THIMMAIAH, S/O LATE NARASAPPA, AGED ABOUT 72 YEARS, ALL THE COMPLAINANTS ARE REPRESENTED BY THEIR GPA HOLDER SHRI. T. N. JAVARAYI GOWDA, R/AT No. 121, "MADILU", 1ST E MAIN ROAD, 1ST BLOCK, NAGARABHAVI 2ND STAGE, BENGALURU-560 072. …COMPLAINANTS (BY MS. AISHWARYA, ADVOCATE FOR SRI RAJESWARA P. N., ADVOCATE) AND: 1. N. JAYARAM, IAS, THE COMMISSIONER, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15738-DB CCC No. 254 of 2024 BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. 2. DR. SAUJANYA, KAS, SPECIAL DEPUTY COMMISSIONER, (ACQUISITION), BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. 3. KRUPALINI G.K. KAS, LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. …ACCUSED (BY SRI. AJAYKUMAR M., ADVOCATE FOR R1; SRI NAVEEN CHANDRASHEKAR, AGA FOR R2; R3 SERVED AND UNREPRESENTED) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA AND RULE 5 OF THE HIGH COURT OF KARNATAKA CONTEMPT OF COURT PROCEEDINGS RULES, 1971, BY THE COMPLAINANTS PRAYING TO SECURE THE PRESENCE OF THE ACCUSED PERSONS AND PUNISH THEM FOR THE OFFENCE OF CONTEMPT OF THE FINAL ORDER DATED 21.10.2019 PASSED IN WA No.1954-1966/2015 (LA-BDA), BY THE DIVISION BENCH OF THIS HON,BLE COURT. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:15738-DB CCC No. 254 of 2024 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) Heard learned advocate Ms. Aishwarya appearing for learned advocate Mr. P.N. Rajeswara for the complainants through video conferencing and learned advocate Mr. Ajaykumar for respondent No.1, who is present in Court. 2. The following directions were issued by the Division Bench while allowing the writ appeal, "5. Under these circumstances, the appeals are allowed. The respondent-BDA is directed to consider the case of the appellants under the BDA (Incentive Scheme for voluntary surrender of Land) Rules, 1989, in accordance with law. The writ petitions are accordingly allowed." 3. It is the aforesaid directions contained in the judgment and order dated 21.10.2019 passed by the Division Bench, that are brought under consideration. 4. There are at least two reasons why the contempt petition would not be entertained by the Court. Firstly, the directions do no - 4 - NC: 2025:KHC:15738-DB CCC No. 254 of 2024 prescribe time limit for compliance. It was for the petitioners to put the respondents to notice asking them to comply with the directions within such time limit. Secondly, the order of learned Single Judge is dated 21.10.2019 and the contempt petition is filed on 27.02.2024. Evidently, it is after passage of one year. 5. Section 20 of the Contempt of Courts Court, 1971 (hereinafter referred to as 'Act' for short), reads as under, "20. Limitation for actions for contempt - No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed." 6. Therefore, it is incumbent on part of the petitioners to file contempt petition within one year from the date of arising of cause of action to initiate the contempt proceedings. 7. The contempt petition filed as above is manifestly barred by virtue of the provisions of Section 20 of the Act. The present petition is therefore dismissed. This order will not preclude the petitioners to avail appropriate recourse in accordance with law to enforce the - 5 - NC: 2025:KHC:15738-DB CCC No. 254 of 2024 directions, in respect of which, this Court does not express any opinion on merits. In view of dismissal of main appeal, pending interlocutory application, if any, stand disposed of accordingly. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE MV, List No.: 1 Sl No.: 38