Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:711-DB CCC No. 1259 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 1259 OF 2023 BETWEEN:
1.
SMT. JAYAMMA W/O JAYADEVAPPA AGED ABOUT 66 YEARS R/AT NO 792, 32ND MAIN JAI MARUTHINAGARA SLM NANDINI LAYOUT BENGALURU 560096.
2.
SMT NARASAMMA W/O THIMMAIAH AGED ABOUT 79 YEARS R/AT NO 758/B H M NAYAKA ROAD JAI MARUTHINAGAR BENGALURU 560096.
3.
SMT NARASAMMA W/O SHIVARAJU AGED ABOUT 40 YEARS R/AT NO. 797 JAI MARUTHINAGAR LAGGERE NANDINI LAYOUT BENGALURU 560096.
4.
SMT NAGARATHNAMMA W/O VENAKTESH AGED ABOUT 52 YEARS R/AT 791, 32ND MAIN JAI MARUTHINAGARA SLUM
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
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NC: 2025:KHC:711-DB CCC No. 1259 of 2023
NANDINI LAYOUT BENGALURU 560096.
5.
SRI SRINIVAS S/O VENKATESH AGED ABOUT 39 YEARS R/AT NO 758/C H M NAYAKA ROAD JAI MARUTHINAGAR NANDINI LAYOUT BENGALURU 560096. …COMPLAINANTS (BY SRI. SUNDARESH H C - ADVOCATE) AND:
1.
N JAYARAM THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T CHOWDAIAH ROAD BANGALORE 560020.
2.
VISHNUVARDHAN REDDY THE DEPUTY SECRETARY-3 BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T CHOWDAIAH ROAD BANGALORE 560020.
3.
M T HASANA SAHEB KARNATAKA SLUM DEVELOPMENT BOARD RPT. BY ITS SECRETARY NO. 55, ABHAYA COMPLEX 3RD FLOOR, RISADAR STREET SHESHDADRIPURAM BENGALURU 560020. …ACCUSED (BY SRI. CHINMAYI – ADVOCATE FOR SRI. B VACHAN – ADVOCATE FOR ACCUSED NOS.1 & 2; SRI. B B PATIL – ADVOCATE FOR ACCUSED NO.3)
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NC: 2025:KHC:711-DB CCC No. 1259 of 2023
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971, PRAYING TO 1. TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER PASSED BY THIS HON’BLE COURT IN W.P.NO.3200/2022 (BDA) C/W W.P.NO.3278/2022, W.P.NO.18096/2022, W.P.NO.3252/2022 AND W.P.NO.3294/2022 DATED 17.04.2023 AND PUNISH THE ACCUSED.
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 proceeding is initiated by complainants against the Respondents/Accused for having deliberate and willful disobedience of the order passed by the learned Single Judge in WP.Nos.3200/2022 (BDA) c/w WP.Nos.3278/2022, 18096/2022, 3252/2022, 3294/2022 (BDA).
2. Learned counsel Sri Sundaresh H.C for the complainants is present. Learned counsel Sri Chinmayi
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NC: 2025:KHC:711-DB CCC No. 1259 of 2023
appears for learned counsel Sri B.Vachan who is on record for Respondents/Accused Nos.1 and 2. Learned counsel Sri B.B.Patil for Respondent/Accused No.3 is present.
3. Learned counsel Sri B.B.Patil for Accused No.3 has facilitated the order passed by the reviewing Court relating to Review Petition No.360/2023 whereby Application in I.A.No.1/2023 supported by an affidavit seeking condonation of short delay of 49 days was favoured and delay in filing the Review Petition was condoned. However, in the said review petition learned Single Judge passed an order that the review petition having been favoured and the subject judgment will have another clause in its operative portion to the effect that the BDA shall deliver the subject land in favour of Review Petitioner by giving effect to the relief column of the judgment in terms of Section 27(3) of 1973 Act within a period of eight weeks.
4. Learned counsel for Accused No.3 presses into service for consideration of the above observation made by the learned Single Judge in Review Petition
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NC: 2025:KHC:711-DB CCC No. 1259 of 2023
No.360/2023 and also provision of Section 27(3) of The Karnataka Slum Areas (Development) Act, 1973.
5. In the meanwhile, learned counsel Sri Sundaresh H.C for complainants submits for disposal of the matter and also seeks liberty to proceed further. Keeping in view the submission made by the said counsel, it is deemed appropriate that, this contempt proceeding does not survive for
consideration to proceed against Respondents/Accused.
Accordingly, the contempt proceeding is hereby dropped.
Liberty is granted to complainants to proceed further in accordance with law.
SD/- (K.SOMASHEKAR) JUDGE
SD/- (VENKATESH NAIK T) JUDGE
RJ