Fakeeragouda vs Susheelamma & Others

Krishna S.Dixit, J

The accused was brought before the Court by Police attached to Savadatti Police Station; we appreciate the prompt work duly accomplished by Mr.L.M. Naikar, ASI and Mr.Nagaraj Hooli, PC-3485. The accused has offered plausible explanation as to why he could not come to the Court other day. We accept it. He also assures that hereafter he will be very punctual and responsive to the Court process. The accused is set at free.

Learned panel counsel appearing for the first respondent submits that due steps are being taken for making remainder of the payment to the complainant and to others as well and that the compliance report shall be filed within three months, failing which stringent action may follow.

The complaint is as to the noncompliance of a learned Single Judge’s order dated 04.12.2023 entered in complainant’s W.P. No.104412/2021 (LB-RES). The operative portion of the order, reads as under:

“Petitioner is given liberty to make a fresh representation to respondents No.6 and 2 showing that he has put up construction as required in law and upon receipt of such representation, respondent No.6 shall make suitable recommendation to respondent No.2 within a period of four weeks thereafter and respondent No.2 shall further take action within a period of four weeks thereafter in accordance with law.

Writ petition is disposed of accordingly”.

Learned panel counsel appearing for the first respondent and the learned private advocate appearing for the second respondent point out that the direction is to consider the representation in a normative way and that will be done within a reasonable period.

A perusal of judgment whose non-compliance is complained of shows that it is order to pass an order and nothing beyond that. In view of the assurance of respondents that they would taken all steps progressively for implementing the spirit of the direction contained in the subject judgment, these proceedings are liable to be dropped. The assurance of the counsel for the first respondent that the remaining amount which is quantified in a sum of Rs.1,00,000/- shall be handed to the complainant within an outer limit of three months and that the claim for any other sum shall be considered within the said period and an endorsement shall be issued to the complainant accordingly, is placed on record.

In the above circumstances, these proceedings are dropped with liberty to revive the same if the assurance given as above is breached.