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2025 DAILYLAW 30488 (KAR)

SMT HONNAMMA v. SRI KUMAR NAIK G

CCC/850/2022 · 2025-02-12

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:6368-DB CCC No. 850 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 850 OF 2022 BETWEEN: SMT HONNAMMA W/O LATE MADAIAH AGED ABOUT 79 YEARS R/AT GIDADAKONENAHALLI YASHWANTHAPURA HOBLI BENGALURU NORTH TALUK BANGALORE-560091. …COMPLAINANT (BY SRI. VASANTH KUMAR H T - ADVOCATE) AND: SRI KUMAR NAIK G THE COMMISSIONER THE BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK EAST BENGALURU-560020. …ACCUSED (BY MS. AISHWARYA PRASAD - ADVOCATE FOR SRI. ACHAPPA P B - ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO SECURE THE ACCUSED HEREIN, INITIATE CONTEMPT PROCEEDINGS FOR NON-COMPLIANCE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.14613/2021 DATED 7.6.2022 VIDE ANNEXURE-C AND PUNISH THE ACCUSED. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6368-DB CCC No. 850 of 2022 THIS CCC, 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 K.SOMASHEKAR) This contempt petition is filed by the complainant against accused for non-compliance of the order passed by the learned single Judge in W.P.No.14613/2021 dated 07.06.2022 vide Annexure-C. 2. Learned counsel Sri Vasanth Kumar H.T. for the complainant is present before the Court physically inclusive of Ms.Aishwarya Prasad appearing on behalf of Sri Achappa P.B. for the accused. 3. Counsel for the accused has filed compliance memo along with acknowledgement dated 16.11.2022 for having considered the representation of the complainant. It is stated in the memo that pursuant to the order passed by the learned single Judge in W.P.No.14613/2021 dated - 3 - NC: 2025:KHC:6368-DB CCC No. 850 of 2022 07.06.2022, BDA has considered the representation of the complainant and has passed a reasoned order denoting that in light of the complainant having been allotted site as against the acquired land and in pursuance of which she having paid the valuation and other fees as per the Government order she is not entitled to and there is no legal avenue for refund of the money paid towards the sital value and accordingly she is not entitled to refund of money. The order dated 16.11.2022 is produced as Annexure-R1. 4. The memo is taken on record. Since the order passed by the learned single Judge in the aforesaid writ petition has been complied by accused/BDA and order/report has been issued in that regard, there is no consequence to consider the contempt proceeding. Consequently, the contempt proceeding is hereby dropped. - 4 - NC: 2025:KHC:6368-DB CCC No. 850 of 2022 However, in a given peculiar facts and circumstances of the case, liberty is granted as sought for. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DKB