P. S. JAYADEVAPPA Vs. VANDITA SHARMA

JUDGEMENT

(1.) Heard the learned counsel for the complainants.

(2.) On a grievance that the accused have committed willful disobedience of the order dtd. 3/8/2022 passed by the learned Single Judge in W.P.No.10390/2022 C/w W.P.Nos.10431/2022, 10452/2022 and 10519/2022, the present contempt petition is filed.

(3.) In response to the notice, accused No.3-Special Land Acquisition Officer has filed two compliance affidavits. In the compliance affidavit dtd. 20/3/2023, it is stated that pursuant to the direction issued by the learned Single Judge, the representation dtd. 5/9/2022 made by the complainants was considered. In the meanwhile, one Sri Lingesha had made a representation dtd. 24/1/2023 to accused No.3 stating that the said Sri Lingesha had already filed a suit in O.S.No.97/2019 against the complainants seeking appropriate declaratory relief and the same is pending before the Principal Senior Civil Judge and CJM., Chitradurga. It is also stated that there is a dispute between the family members and accused No.3-Authority will have to take recourse to provisions under Sec. 3(H)(4) of the National Highways Act, 1956. In another compliance affidavit dtd. 2/8/2023, it is stated that the Central Government i.e., Ministry of Road Transport had released the amount in respect of the complainants on 10/3/2023 and since the concerned Special Land Acquisition Officer was transferred for election duty on 8/3/2023, the amount released was not deposited in the Civil Court. It is further stated that he will take necessary steps to deposit the amount before the Principal District and Sessions Court, Chitradurga as soon as the application seeking permission to deposit the amount is allowed.