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High Court of Karnataka · body

2025 DAILYLAW 40850 (KAR)

SRI. S RAMCHANDRA v. SRI. JAYARAM N.

CCC/19/2025 · 2025-10-28

C M Poonacha

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:42953-DB CCC No. 19 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 19 OF 2025 BETWEEN: SRI. S RAMCHANDRA S/O LATE SANJEEVAIAH , AGED ABOUT 69 YEARS R/AT NO. 163/27, 15TH MAIN ROAD, NEAR MEDPLUS, BANASHANKARI, 1ST STAGE, 2ND BLOCK, BENGALURU - 560050 …COMPLAINANT (BY SMT. RAKSHITHA D J, ADVOCATE) AND: 1. SRI. JAYARAM N. COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST T. CHOWDAIAH ROAD BENGALURU - 560020 2. SMT KRUPALINI G L THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T CHOWDAIAH ROAD, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42953-DB CCC No. 19 of 2025 BANGALORE- 560020 …ACCUSED (BY SRI. AJAYKUMAR M, ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, PRAYING TO TAKE COGNIZANCE AND INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NO.1 AND 2 FOR HAVING INTENTIONALLY AND DELIBERATELY DISOBEYED THE ORDER DATED 16.01.2023 IN W.A. NO.3161/2014 (LA- BDA) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT, BY PASSING APPROPRIATE ORDERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant has filed the present complaint alleging the willful disobedience of the judgment dated 16.1.2023 passed by the Coordinate Bench of this Court in Writ Appeal No.3161/2014 (LA- BDA). In terms of the said judgment, the BDA was directed to consider the complainant's application for grant of incentive sites in 40:60 Scheme within an outer limit of six months from the date of receipt of a copy of the said order. - 3 - HC-KAR NC: 2025:KHC:42953-DB CCC No. 19 of 2025 2. Learned counsel appearing for the accused submits that incentive under the Scheme can be made available only if the land in question belongs to the complainant. He submits that, it was found that there are several cases where the incentives are claimed in respect of the lands that do not belong to the claimants. In the circumstances, the State Government has constituted a Committee to examine the records and the original files in certain specified cases, which also include the lands in respect of which incentives are claimed. He states that the complainant's claim can be processed after the said exercise is completed. 3. In view of the above, the present complaint is closed with liberty to the complainant to file afresh after the verification exercise is completed. It is also clarified that this order would not preclude the complainant from availing of remedies in respect of any decision that may be taken by the concerned Committee. 4. Pending applications, if any, stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 42