D. USHA Vs. RAJESH GOWDA

JUDGEMENT

(1.) The present Civil Contempt Petition is filed by the complainant against the accused under the provisions of Ss. 11 and 12 of the Contempt of Court Act, 1971, for willful disobedience of the Order dtd. 11/3/2019 passed in W.P.No.9092/2015, wherein the learned single Judge, while quashing the Order of cancellation dtd. 27/4/2004 as per Annexure-D, directed the petitioner to pay the entire balance sital value with interest at 21% per annum from the date prescribed in the allotment letter to deposit the sital value till the date of deposit within six weeks from the date of the Order and further directed the Bengaluru Development Authority to execute the necessary documents in respect of the site allotted in favour of the petitioner, after receipt of the sale consideration with interest, and if the said site is not available for allotment, to allot any other alternative site of equal dimension in any other layout which is subsequently formed.

(2.) The said Order, when challenged by the Bengaluru Development Authority in W.A.No.3079/2019, the co-ordinate Bench of this Court, by the judgment dtd. 17/2/2021, dismissed the Writ Appeal. The said dismissal Order was challenged by the Bengaluru Development Authority before the Hon'ble Supreme Court in SLP(C) No.13861/2021, which came to be dismissed on 27/9/2021.

(3.) When the present Civil Contempt Petition was listed on 23/6/2022, Sri A.G.Shivanna, learned Senior Counsel for the complainant, on instructions, submitted that an application along with documents is filed on 21/6/2022 and contended that in pursuance of the Order dtd. 30/5/2022, interest of '5,98,433/- as calculated by the Bengaluru Development Authority is deposited through Demand Draft bearing No.691079 dtd. 8/6/2022 and that documents pertaining to the site bearing No.2697/2, Block II, Sir M.Visveshwaraih Layout, has not been submitted to the Authority, as the same has been lost during the transit and thus, an affidavit has been filed to that effect before this Court and he would also file an affidavit before the BDA.