- 1 - NC: 2025:KHC:10380-DB CCC No. 1039 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH 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.1039 OF 2022 BETWEEN: SRI H. V. KARIYANNA S/O. VEERABHADRAIAH AGED ABOUT 58 YEARS R/AT NO.121, 5TH MAIN BANASHANKARI 3RD STAGE KATHRIGUPPE BENGALURU - 560 085. …COMPLAINANT (BY SRI SUNDARESH H. C., ADVOCATE) AND: KUMAR NAIK THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA KRUPA WEST BENGALURU - 560 020. …ACCUSED (BY SRI MURUGESH V. CHARATI, ADVOCATE) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN HE PRAYS TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER PASSED BY THIS HON'BLE COURT IN W.P. NO.51635/2017 DATED 7.2.2019 AS PER ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:10380-DB CCC No. 1039 of 2022 THIS CIVIL CONTEMPT PETITION IS 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 proceedings has been initiated by the complainant against the accused for dis-obedience of the order dated 07.02.2019 passed by learned Single Judge in W.P.No.51635 of 2017(BDA), wherein the learned Single Judge had directed the respondents to consider the claim of the petitioner for grant of the site, if it is not allotted to anybody and further that if the site is already allotted to others, then the BDA shall return the entire sital value with 18% interest thereon to the petitioner from the date, the same was received. However, since the said order had not been complied, the present contempt is filed. 2. Learned counsel Sri. Muruvesh V. Charati, appearing for respondent BDA submits that challenging the order dated 07.02.2019 passed by learned Single Judge in W.P.No.51635/2017, a writ appeal in W.A.No.4124/2014 is filed - 3 - NC: 2025:KHC:10380-DB CCC No. 1039 of 2022 and the same is pending consideration and hence, the present contempt proceedings does not survive for consideration. 3. Therefore, keeping in view the provision of Section 2(b) of Contempt of Courts Act, 1971 and when the appeal proceedings questioning the order passed by learned Single Judge is pending consideration, the contempt proceedings initiated to take action against the respondent would not survive for consideration. It is also to be noted that the contempt proceedings has to be initiated within 12 months from the date of disobedience order. However, in this case, there is delay of more than three years. Even on this count also, the contempt proceedings does not survive for consideration. Accordingly, the contempt proceedings are hereby dropped. Liberty is granted as sought for. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 8