DODDAMMA Vs. RANGANATHA

JUDGEMENT

(1.) Learned counsel for the complainant submits that the learned Single Judge of this Court by an order dtd. 25/2/2008 in Writ Petition No.2848/2008 directed the parties to maintain status quo in respect of the possession of land in question till the next date of hearing. On 13/11/2013, the interim order was extended until further orders and was in operation till the date of filing of the contempt petition. He further submits that the accused was indulged in an act of construction activity, thereby, has committed breach of the order dtd. 25/2/2008. As such, an action be initiated against the accused for non- compliance of the order of this Court.

(2.) In response to the notice of this Court, the accused, who are the Secretary and Joint Secretary of B.T.L.Education Trust (for short, 'the Trust') have filed an affidavit. It is admitted in the affidavit that initially, an order dtd. 25/2/2008 was passed in Writ Petition No. 2848/2008 whereby, the parties were directed to maintain status quo and on 13/11/2013, the interim order was extended until further orders. The copy of the order sheet is placed on record at (page 11) and (page 12). It is stated in the affidavit that initially though a large piece of land was requested for allotment to the Trust, ultimately, the Government allotted land measuring 5 acres 26 guntas of Kittiganahalli Village, Attibele Hobli, Anekal Taluk, Bengaluru Urban District to the Trust. The details of the land are mentioned in paragraph 6 of the affidavit. It is stated that the Trust started its activities of providing education and hostel facilities to the needy rural children. It is further stated that due to heavy rains, the access of mud-road to the said land was very badly affected. The ingress and egress to the said land had become an uphill task to the students of the Institution run by the Trust. Considering this difficulty faced by the students, the Trust initiated leveling of the road and except leveling of the road, no other work or activity was undertaken by the accused. In paragraph 10 of the affidavit, it is stated that the accused are law abiding citizens and they have utmost respect to the orders of this Court and they have no intentions of violating any order passed by this Court under any circumstances and further, it is stated that the accused are giving an undertaking to this Court that they shall not persuade/precipitate any civil activities on the disputed land till the interim order granted in Writ Petition No.2848/2008 is vacated.

(3.) The said undertaking by the accused is accepted. Though a reason is assigned in the affidavit that due to heavy rains, the accused carried out activity of leveling the road but, the fact remains that there is a deviation from the order of this Court.