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Judgment
D.V. Shylendra Kumar, J.—Not only the writ jurisdiction of this Court is misused, but more so the contempt jurisdiction for public authorities and even private parties by filing the contempt petition. In the present contempt petition, we find not much difference as the grievance of the complainant is in respect of an interim order to the following effect granted by this Court on 16.12.2010:
Sri. K.V. Narasimhan is directed to take notice for the respondent.
Interim order of stay as prayed for, for a period of three weeks.
List the matter on 04.01.2011
and extended further orders as per the further order dated 4.10.2011. The officials of the Bruhat Bangalore Mahanagara Palike had taken action for removing encroachment on Dasarahalli Tank in Sy.No. 24 of this village and Sy No. 5 on Chokkasandra village and such action against the property of the complainant is in violation of the interim order granted by this Court in the writ petition, which is still pending and therefore, sought for following prayer;
a) initiate contempt proceedings as against the accused for violating the order passed by this Hon''ble Court in W.P.No. 39279/2010 (LB), dated. 4.1.2011 in accordance with law.
b) and to pass such other order/s as this Hon''ble Court deem fit, in the facts and circumstances of the above case, in the interest of justice and equity.
The contempt petition has come up for orders regarding non-compliance with certain office objections and this Court noticing the same while granted two weeks time to comply with the office objection at the request of the learned counsel for the complainant on 5.12.2011, it appears the position has not improved as on today and therefore, the matter is yet again listed for the same reason.
Sri. G.K. Shivaprakash, learned counsel for the complainant submits that certain English translation of the Annexures are required to be filed particularly, Annexure-A - copy of the sale deed, Annexure - B & Annexure-C - record of rights, Annexure-P - news paper write up of Vijaya Karnataka Kannada daily newspaper and Annexure-Q - death certificate of the original petitioner - M.P. Shankarappa, which petition is now pursued by the legal heirs of the complainant, and requests two more days time to file translated copy etc.
We are little surprised as to why the copy of the sale deed is to be placed before this Court in contempt jurisdiction. We find an interim order, which is in the nature of stay as prayed for cannot be restraint order against either of the officials of the Bruhat Bangalore Mahanagara Palike or against anyone else. This Court cannot grant temporary injunction in any writ jurisdiction and in the present contempt proceedings, the dispute relates to the immovable properties, which according to the legal heirs of the complainant is in their ownership, on the other hand, according to the respondent-Mahanagara Palike is tank bed area.
The subject matter is a fit case for a suit and not for writ jurisdiction. More so, for grant of injunction, this Court has no jurisdiction. Continuation of stay order cannot be understood as contempt of the order passed by this Court as the action if had been taken was to follow law or implement statutory provision etc.
While the legal heirs of the complainant claim that the properties located in Sy.No. 15 of Dasarahaili even the newspaper report in Vijaya Karnataka copy, which is placed before this Court, indicates that action had been taken in respect of Sy.No. 24 of Dasarahaili and Sy.No. 5 of Chokkasandra village and may not have anything to do with the complainants property, be that as it may, it is not necessary to go into farther aspects of such disputes in contempt jurisdiction, which in our considered view, is not a fit matter for examination in the writ petition itself.
Accordingly, contempt petition is dismissed.