Contempt petition against two Chief Executive Officers for alleged non-compliance with a writ order concerning removal of unauthorised construction. Accused filed a compliance affidavit showing notices were issued and a hearing held under the Karnataka Municipalities Act; the Court found no wilful disobedience and dropped the proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:44718-DB CCC No. 617 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
CIVIL CONTEMPT PETITION NO. 617 OF 2022
BETWEEN:
SMT MANOHARI BHASKAR W/O LATE C BHASKAR, AGED 51 YEARS, RESIDING AT KAVITHA COMPOUND ALLATABAILU, BELTHANGADY KASABA VILLAGE AND POST BELTHANGADY TALUK, D.K DISTRICT-574 214.
…COMPLAINANT
(BY SRI. KARUNAKARA .P, ADVOCATE)
Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:44718-DB CCC No. 617 of 2022
D.K DISTRICT - 574214
…ACCUSED
(BY SRI. MANOJ KUMAR, ADVOCATE FOR SRI. PRASHANTH B.K, ADVOCATE FOR A1 & A2)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO SECURE THE PRESENCE OF THE ACCUSED PERSONS AND INITIATE APPROPRIATE CONTEMPT PROCEEDINGS AGAINST ACCUSED TO PUNISH THE ACCUSED NO.1 AND 2 FOR NOT OBEYING THE ORDER OF THIS HONBLE COURT IN WP NO.24/2021(LB-RES) PRODUCE AT ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
and
HON'BLE MR JUSTICE RAJESH RAI K
ORAL ORDER
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This contempt proceeding is initiated under Sections 11
and 12 of the Contempt of Courts Act, 1971 r/w Article 215 of the Constitution of India for wilful disobedience of the order passed by the learned Single Judge in W.P.No.24/2021 (LB-RES) dated 24.01.2022 vide Annexure-A.
complainant, is present before this Court physically.
W.P.No.24/2021, and thereby has complied with the orders passed by this Court in W.P. No.24/2021. Subsequently, Mr.Sathish Acharya aggrieved by the notice issued by accused
No.1, preferred a writ before this Hon'ble Court in W.P.No.7250/2022 wherein, this Court directed the Town Panchayath to provide an opportunity to Mr. Sathish Acharya and directed the Town Panchayath not to take coercive action till the decision is taken and further it is stated that accused No.2 has subsequently taken the charge as Chief Officer and has issued notice to the parties and heard Arguments and passed an Order under Section 107 (ii) R/w Section 187A (2) of Karnataka Municipal Act, 1964. In view of the above, it is stated that they have not disobeyed the orders of this Court in W.P.No.24/2021.
NC: 2024:KHC:44718-DB CCC No. 617 of 2022
However, keeping in view the submission made by learned counsel for the complaint, liberty is granted in accordance with law.
Sd/-
(K.SOMASHEKAR) JUDGE
Sd/(RAJESH RAI K) JUDGE
KTY List No.: 1 Sl No.: 2
1 issue framed by the court
Whether accused officials wilfully disobeyed the writ order in W.P.No.24/2021 (LB-RES).
3 provisions across 2 enactments
Smt Manohari Bhaskar
Sri Sudhakar
Shri Rajesh K
K. Somashekar
Rajesh Rai K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
