B R AMBEDKAB DALITHA AND HINDULIDA ALPA SANKHYATARA GRAMABHIVRUDDHI SANGHA REGISTERED BANGALORE SOUTH TALUK BANGALORE URBAN DISTRIC Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) SINCE the facts and issues raised are overlapping and in extricably interwoven, therefore we have found advisable to dispose of both the LA. filed in the contempt proceedings as well as the writ petitions by a common judgment.

(2.) THE petitioner claims to be a registered society consisting of the purported allottees under "ashraya Scheme" of house sites in Survey No. 14 of Ganakal Village of Kengeri Hobli, Bangalore South Taluk. The petitioner-society had earlier filed Writ Petition No. 253430 of 1996 in the public interest domain for direction to the respondents-State of Karnataka and its police wing to register criminal case against Sri Nagaraj @ Shivpuri Swamy (respondent 5) as per their complaint dated 26-4-1996 (Annexure-J) for encroaching public lands and also to protect the members of the society against dispossession of sites claimed to have been validly allotted to, them. In the above writ petition, the State Government took the stand that since it had come to their knowledge that there had been widespread illegalities committed in distributing sites under the "ashraya Scheme", therefore, the matter was referred to the corps of Detectives (for short, "cod") and it was under the investigation. The writ petition was disposed of on 27-2-1998 with the following observations and directions: "keeping in view the facts and circumstances of the case, this petition can be disposed of with the direction that the COD while investigating into the circumstances referred to it, shall also take into consideration the allegations made by the petitioner in Annexure-J and if prima facie satisfied regarding the allegations made therein, register a case against the erring persons or officials. If by this time the investigation has already been completed by the COD, the agency is directed to independently investigate into the allegations made in Annexure-J and take appropriate action in accordance with law. No person who has been validly allotted any site shall be dispossessed without adopting due process of law. The official respondents, as shown by them, are directed to take action against respondent 5 in terms of the submissions made in their statement of objections".

(3.) SUBSEQUENTLY, present contempt proceedings in C. C. C. No. 1266 of 1998 were initiated at the instance of the petitioner-society filed through its Secretary, Sri G. S. Bommegowda making various allegations regarding non-compliance of the above directions issued by this Court. These proceedings were ultimately dropped on 23-11-1998 by the following order: "in the objections filed on behalf of the respondent, it is submitted that the Court directions have been complied with. Sri g. S. Bommegowda, Secretary of Dr. B. R. Ambedkar Dalitha and hindulida Alpa Sankyathara Gramabhivruddi Sangha has filed a memo along with his affidavit submitting that as the Court directions have been complied with, the complaint may be dismissed as not pressed. We order accordingly".