Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12534-DB CCC No. 707 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 707 OF 2023 BETWEEN:
1.
SRI. RAMDAS V.
S/O LATE VADDAMALAI AGED ABOUT 56 YEARS, R/AT NO.14, 10TH CROSS, 4TH MAIN ROAD, S.R. NAGAR BANGALORE-560027 …COMPLAINANT (BY SRI. BHARGAV G., ADVOCATE) AND:
1.
JAYARAM N., REP. BY ITS COMMISSIONER THE BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD, KUMARA PARK WEST BANGALORE-560020
2.
SOMASHEKHAR V.
THE DEPUTY SECRETARY-IV BANGALORE DEVELOPMENT AUTHOIRTY SANKEY ROAD, KUMARA PARK WEST BANGALORE-560001. …ACCUSED (BY SRI. G.S. KANNUR, SENIOR COUNSEL FOR SRI. MURUGESH V. CHARATI, ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF
Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka
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NC: 2025:KHC:12534-DB CCC No. 707 of 2023
CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHERE IN HE PRAYS THAT THE HONBLE COURT BE PLEASED TO i) TAKE COGNIZANCE OF CIVIL CONTENT AGAINST THE ACCUSED NO.1 AND 2 FOR DISOBEDIENCE AND NON COMPLIANCE OF THE ORDER DATED 14.02.2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN W.P. NO.14082/21 (BDA) WIDE ANNEXURE-C AND PUNISH THE ACCUSED SUITABLY. ii) AWARD DAMAGES TO THE COMPLAINANT AS DEEMED FIT UNDER THE CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T
ORAL ORDER (PER: HON'BLE MR JUSTICE VENKATESH NAIK T)
Mr.Bhargav G., learned counsel for the complainant and Mr.G.S.Kannur, learned Senior counsel for Mr.Murugesh V.Charati, learned counsel for respondent Nos.1 and 2 is present before the court physically. 2. This contempt petition has been initiated for non- compliance of the order of the learned Single Judge in W.P.No.14082/2021 (BDA) dated 04.02.2023. 3. In compliance of the order passed by the learned Single Judge, the respondent - BDA has executed registered sale deed in favour of the complainant vide Annexure-R1 and
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NC: 2025:KHC:12534-DB CCC No. 707 of 2023
copy of the possession certificate is also issued to the complainant vide Annexure-R2. Hence, the respondent / accused has filed the compliance affidavit, which consists of para 1 to 5, which reads as under:
1. I submit that I am working as the Deputy Secretary-IV, Bangalore Development Authority. The statements made by me in this affidavit are true to the best of my knowledge and based on the information given to me. The contents of the affidavit are based on the documents maintained in the office of the Bangalore Development Authority. 2. At the outset, I respectfully submit that I have highest regards for this Hon'ble Court and I am duty bound to comply with the directions issued by this Hon'ble court. I submit that I have always obeyed and will always obey the orders passed by this Hon'ble court. I submit that immediately after coming to know about the order passed by this Hon'ble court, I have complied with the order passed by this Hon'ble court. 3. I submit that the above mentioned Contempt petition is filed alleging disobedience of the order dated 14.02.2023 passed by the learned Single Judge in WP 14082/2021. I submit that the
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NC: 2025:KHC:12534-DB CCC No. 707 of 2023
complainant herein had filed WP 14082/2021 challenging the endorsement dated 20.03.2021 issued by the respondent BDA.
The learned Single Judge vide order dated 14.02.2023 disposed of the writ petition as hereunder :
"In view of the above, the Writ Petition is allowed; the BDA is directed to execute and register the sale deed in respect of the subject property within an outer limit of 8 weeks at the cost of petitioner, failing which the cost shall be borne by the BDA itself as a penalty for the delay brooking, the amount may be recovered from the officials who are responsible for brooking the delay."
4. I submit that pursuant to the order passed by this Hon'ble court, an allotment letter was issued to the complainant on 05.03.2025 in respect of site bearing No. B7-SF-3117/D (Bheemankuppe Village Sy No.33/2), Nadaprabhu Kempegowda Layout. Thereafter a sale deed in respect of above mentioned property has been executed on
11.03.2025. The copy of the sale deed dated 11.03.2025 is herewith produced and marked as ANNEXURE-R1. Possession certificate issued to the complainant on 14.03.2025. The Copy of the
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NC: 2025:KHC:12534-DB CCC No. 707 of 2023
possession certificate is herewith produced and marked as ANNEXURE-R2. As per the report of the engineer and opinion of the law officer there are no litigation pending which is allotted to the complainant. 5. I submit that there is a delay in complying with the order passed by the learned Single Judge. The delay in complying with the order passed by the learned Single Judge is neither deliberate nor intentional, but for the bona fide reasons as mentioned above. I tender my unconditional apology for the delay in complying with the order passed by the learned Single Judge. In view of the above, the contempt petition is hereby dropped. Sd/- (K.SOMASHEKAR) JUDGE
Sd/- (VENKATESH NAIK T) JUDGE
SS List No.: 1 Sl No.: 12