The High Court dismissed a contempt petition challenging alleged violations of an interim order permitting construction. The Court held that since the order was interim and passed in pending writ appeal proceedings, no final rights were crystallized, making the contempt petition not maintainable at that stage.
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:36414-DB CCC No. 880 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K V ARAVIND CCC NO. 880 OF 2024 (CIVIL)
BETWEEN:
…COMPLAINANT
(BY SRI B. PRAMOD, ADVOCATE)
AND:
Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka
S/O LATE N. PADMANABHAN, AGED MAJOR, AT NO. 47, 2ND CROSS, WHEELERS ROAD, PULIKESHINAGAR, BANGALORE – 560 005.
N.R. SQUARE, BANGALORE – 560 002.
NC: 2024:KHC:36414-DB CCC No. 880 of 2024
3. B.B. SAROJA
THE JOINT COMMISSIONER (EAST) BANAGLORE BRUHAT BENGALURU MAHANAGARA PALIKE MAHO HALL, M.G. ROAD, BANGALORE – 560 001.
…ACCUSED
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED HEREIN FOR DISOBEDIENCE OF THE ORDER PASSED BY THIS HON’BLE COURT IN W.A. NO.755/2024 (LB-BMP) VIDE ORDER DATED 23.05.2024 AT ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. B. Pramod for the
complainant.
“Meanwhile, by way of an interim arrangement and without prejudice to the rights of contentions of the parties, the appellant is permitted to put up only authorized/legal construction on the schedule property in accordance with the sanction plan and license as well as by
complying with the BBMP Act and building by-laws.”
5.1 The issue whether the construction is in accordance with the bye-laws or otherwise is to be agitated on facts in the writ appeal.
NC: 2024:KHC:36414-DB CCC No. 880 of 2024
are accordingly dismissed.
Sd/(N. V. ANJARIA) CHIEF JUSTICE
Sd/(K V ARAVIND) JUDGE
CR List No.: 1 Sl No.: 18
1 issue framed by the court
Whether a contempt petition lies against the alleged violation of an interim order passed in pending proceedings where no final rights are crystallized?
2 provisions across 2 enactments
MRS. LACHMI NANDWANI
SRI P NANDA KUMAR
TUSHAR GIRINATH
B.B. SAROJA
LIYAKATT ALI
MR. DEVARAJ
N. V. ANJARIA
K V ARAVIND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
