Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:19807-DB CCC No. 29 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU CIVIL CONTEMPT PETITION NO. 29 OF 2023 BETWEEN:
SMT. L.M.PRABHAAVATHY D/O. LATE L.S.MAHADEVAN, AGED ABOUT 70 YEARS, R/AT NO. 1426, 13TH CROSS, PIPELINE ROAD, WEST OF CHORD ROAD, 2ND STAGE, MAHALAKSHMI PURAM, BENGALURU-560 086. …COMPLAINANT (BY SRI. SUNDARESH.H.C., ADVOCATE)
AND:
1.
KUMAR NAIK THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T.CHOWDAIAH ROAD, BANGALORE-560 020.
2.
DR. B.S.BASANTHI THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T.CHOWDAIAH ROAD, BANGALORE-560 020. …ACCUSED (BY SRI. MURUGESH.V.CHARATI., ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN SHE PRAYS THAT THE HON’BLE COURT BE PLEASED
Digitally signed by TARA VITASTA GANJU Location:
HIGH COURT OF KARNTAKA
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HC-KAR NC: 2026:KHC:19807-DB CCC No. 29 of 2023
TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER PASSED BY THIS HON'BLE COURT IN W.P.NO.50561/2019 DATED 18.11.2019 AS PER THE ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN & HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This Contempt of Court Case is filed alleging non- compliance of the
order dated 18.11.2019 in W.P.No.50561/2019. The directions issued therein, read as follows:
“2. Having regard to the facts and circumstances of the case, this Court is of the considered view that interest of justice would be subserved in directing the respondents to consider the representations of the petitioner dated 13.06.2012 and 2.5.2019 at Annexures L and M respectively and take a decision in the matter in accordance with law in an expedite manner, in any event, not later than eight weeks from the date of receipt of certified copy of the order. Ordered accordingly.”
2.
Learned counsel appearing for the respondents / accused submits that an endorsement has been issued as on 30.06.2023, which reads as follows:
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HC-KAR NC: 2026:KHC:19807-DB CCC No. 29 of 2023
“ENDORSEMENT Sub: Request for allotment of an alternate site for site bearing No. 22 situated in Sy. No. 21/2 of Matadahalli Village, Bangalore North Taluk.
Ref: Order dated 18.11.2019 in W.P.No. 50561/2019 (BDA) ****** Sy. No. 21/2 measuring 1-acre 19-guntas of Matadahalli village, Bangalore North Taluk, has been notified under preliminary and final notification for formation of layout. The award has been approved for the said land. On 30.08.1975 the possession of the property has been taken over and handed over to Engineering Section of the BDA. The compensation for the land has been deposited in the Court under Sec. 30, 31 (2) of the Land Acquisition Act. Section 16 (2) Notification under Land Acquisition Act has been published and the property has vested in the authority.
The report from the Engineering Section has been obtained with regard to utilisation of site bearing No.22 in Sy. No. 21/2 of Matadahalli, Bangalore North Taluk. It has been reported that BDA has formed a layout in Sy. No. 21/2 of Matadahalli village.
Since the compensation amount has been deposited under Sec. 30, 31 (2) of the Land Acquisition Act in respect of Sy. No. 21/2 of Matadahalli village, measuring 1-acre 19-guntas, you are hereby informed to avail the compensation by establishing your right before the Hon'ble Court.
ADDL. LAND ACQUISITION OFFICER BDA, BANGALORE.”
3. Having considered the contentions advanced, we are of the opinion that there is no willful disobedience or contempt of the directions issued by this Court. The
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HC-KAR NC: 2026:KHC:19807-DB CCC No. 29 of 2023
contention of the complainant is that the rejection of the request made by the complainant, is not proper.
4. If that be so, it is for the complainant to take up the matter in appropriate proceedings. Leaving open the
contentions of the complainant to be agitated in appropriate proceedings, the Contempt of Court Case is closed.
5. Notice, if any, issued shall stand discharged.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (TARA VITASTA GANJU) JUDGE
KS List No.: 3 Sl No.: 14