ZUBEAR AHMED SHARIEFF Vs. TUSHAR GIRINATH

JUDGEMENT

(1.) This contempt petition is filed alleging disobedience of the order dtd. 19/9/2022 passed by the learned Single Judge in W.P.No.18161/2022.

(2.) The complainants/petitioners raised a grievance before the learned Single Judge that respondent No.5 therein has put up illegal construction contrary to the sanction plan. The learned counsel for the Bruhat Bengaluru Mahanagara Palike submitted that an order of confirmation under Sec. 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'the said Act') has been passed calling upon respondent No.5 to remove the illegal construction put up by her. In the backdrop of these facts, the learned Single Judge directed the accused/respondents to take appropriate steps in accordance with law for removal of the alleged illegal construction in the light of the order dtd. 17/9/2022 passed under Sec. 248(3) of the said Act. The order passed by the BBMP was subjected to an appeal before the Appellate Authority in Appeal No.191/2022. The Appellate authority, by assigning reasons, passed an order of status quo.

(3.) Admittedly, the order passed by the learned Single Judge has been complied with by the BBMP by passing an order under Sec. 248(3) of the said Act. The party who is aggrieved by the order passed under Sec. 248(3) can avail the remedy of appeal and accordingly, statutory appeal was preferred before the Appellate Authority. Considering these facts, we are unable to find any merit in the submission of the learned counsel for the complainants that the accused have committed willful disobedience of the order passed by the learned Single Judge. As such, the contempt petition, being devoid of any merits, deserves to be dismissed. Accordingly, the same is dismissed.