Sri. Gudusab Mahammad Hanif Dandin Vs Sri. Manmathaiyya… — Contempt of Court | Karnataka HC (2025)

Sri. Gudusab Mahammad Hanif Dandin Vs Sri. Manmathaiyya… — Contempt of Court | Karnataka HC (2025)

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NC: 2025:KHC-D:7968-DB CCC No. 100268 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 24^TH DAY OF JUNE, 2025

PRESENT

THE HON'BLE MR. JUSTICE R.DEVDAS

AND

THE HON'BLE MR. JUSTICE K V ARAVIND CIVIL CONTEMPT PETITION NO.100268 OF 2023

BETWEEN:

SRI. GUDUSAB MAHAMMAD HANIF DANDIN, AGED ABOUT 38 YEARS, OCC. PRIVATE SERVICE, R/O. H.NO.3, NEKAR COLONY, NEAR AMBA BHAVANI TEMPLE, NAVANAGAR, DISTRICT. BAGALKOTE-587103.

…COMPLAINANT

(BY SMT. GAYATRI S.R., ADVOCATE)

AND:

SRI. MANMATHAIYYA M.SWAMY, AGE ABOUT 57 YEARS, OCC. CHIEF ENGINEER, THE CHIEF ENGINEER, BAGALKOTE TOWN DEVELOPMENT AUTHORITY, BAGALKOTE-587103.

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA

SRI. VINAY PATIL, AGE ABOUT 35 YEARS, THE REHABILITATION OFFICER, BAGALKOTE TOWN DEVELOPMENT AUTHORITY, BAGALKOTE-587103.

…ACCUSED

THE STATE OF KARNATAKA, HOUSING AND URBAN DEVELOPMENT SECRETARIAT, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, AMBEDKAR VEEDI, BENGALURU-560001.

… PRO FORMA RESPONDENTS

(BY SRI. SANJAY CHANAL, ADVOCATE FOR A1 AND A2; SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADVOCATE FOR R3)

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HC-KAR

THIS CONTEMPT PETITION IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO ALLOW THE CONTEMPT PETITION AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW AND AS PER THE PROVISIONS OF THE CONTEMPT OF COURT ACT FOR HAVING DISOBEYED THE ORDER DATED 30.01.2023, PASSED IN W.P. NO.100417/2023 (GM-RES), PASSED BY THIS COURT VIDE ANNEXURE-“A”, AND ETC.,.

THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)

Learned counsel for respondents No.1 and 2 has filed a memo enclosing endorsement dated 17.06.2025 issued to the petitioner. Learned counsel for respondents No.1 and 2 would also point out to another document which is filed along with the memo and submits that the directions issued by the learned Single Judge in the present case is based on another decision in the case of Mohiuddin S/o. Fakruddin Dhalayat vs. the Chief Engineer and another in W.P.No.105109/2022 dated 23.01.2023. However, the respondents had raised a challenge to the said order and

3 - NC: 2025:KHC-D:7968-DB CCC No. 100268 of 2023

HC-KAR

in W.A.No.100264/2023, by order dated 06.08.2024, the

Writ Appeals were allowed and the orders passed by the learned Single Judge in the Writ Petitions were set aside. However, it was directed that the claim of the original writ petitioners that allotment in terms of the amended first Proviso to sub-rule (2) of Rule 4 of Bagalkot Town Development Authority (Allotment of Sites) Rules, 1993 has to be adjudged by the authorities afresh after giving an opportunity of hearing to all the stakeholders. Accordingly, it is stated in the endorsement that the action will be taken in terms of the sub-rules as directed by the Coordinate Bench.

Learned counsel for petitioner-complainant

however submits that pursuant to the directions issued by the Coordinate Bench in the Writ Appeal, notice has been issued to the petitioner-complainant calling upon the petitioner to submit the requisite documents. The learned counsel would therefore submit that the matter may be kept pending till a decision is taken by the respondents.

4 - NC: 2025:KHC-D:7968-DB CCC No. 100268 of 2023

HC-KAR

3. Having regard to the prayer made in this

contempt petition, which arises out of the directions issued by the learned Single Judge in W.P.No.100417/2023, it is clear that the order passed by the learned Single Judge

has been indirectly set aside by the Coordinate Bench in W.A.No.100264/2023. In that view of the matter, and since notice has already been issued by the respondentBagalkot Town Development Authority, in terms of the directions issued by the Coordinate Bench, this contempt petition does not survive for consideration.

Accordingly, the contempt petition stands

disposed of.

Sd/(R.DEVDAS) JUDGE

Sd/(K V ARAVIND) JUDGE

NAA

CT: UMD List No.: 1 Sl No.: 3