Disposed¶¶32

Sri Chandrashekar v. Sri G Kumar Naik

Contempt of Courts Act, 1971 – Sections 11 and 12 r/w Article 215, Constitution of India

Karnataka HC7 Feb 2025CCC/1114/2022

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Case brief

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What is this about?

Civil contempt CCC No.1114/2022, High Court of Karnataka, decided 07.02.2025 (K. Somashekar and Venkatesh Naik T, JJ.; order per K. Somashekar, J.). Alleged willful disobedience by BDA officials (Commissioner and Deputy Secretary-3) of order dated 03.03.2020 in W.P.No.39344/2016 (BDA). Accused's appeal W.A.No.106/2023 pending; single Judge order merged with appeal; interim order lacks finality (co-ordinate Bench CCC.No.1237/2022 relied on). Contempt proceeding dropped, liberty granted. Statutes: Article 215 Constitution of India; Sections 2(b), 11, 12 Contempt of Courts Act, 1971.

What did the court decide?

Contempt proceeding dropped as it does not survive for consideration; liberty granted to the complainant as sought for, in accordance with law. ¶¶32

Sri Chandrashekar Vs Sri G Kumar Naik — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Contempt proceeding dropped as it does not survive for consideration; liberty granted to the complainant as sought for, in accordance with law.

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Issue for consideration

Whether the accused are guilty of deliberate and willful disobedience of the order dated 03.03.2020 in W.P.No.39344/2016 (BDA), warranting them being summoned, prosecuted and punished in contempt. +1 more

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Court's answer

The contempt proceeding does not survive for consideration and is hereby dropped, with liberty granted to the complainant as sought for, in accordance with law.

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Ratio / Principle

The Court was not inclined to entertain the contempt petition and was not persuaded to exercise the power of contempt under the Contempt of Courts Act, 1971, since the order of the learned Single Judge in W.P.No.39344/2016 has merged with the pending proceedings in W.A.No.106/2023.

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Key takeaways

An appeal being a continuity of proceedings, it requires revisiting the impugned order; this supported the Court's view that contempt jurisdiction need not be exercised while the writ appeal is pending.ratio¶¶29

Detailed headnote1 paragraphs

Contempt of Courts Act, 1971 — Sections 11 and 12 r/w Article 215, Constitution of India — civil contempt petition alleging willful disobedience of order dated 03.03.2020 in W.P.No.39344/2016 (BDA) — against that order the accused filed W.A.No.106/2023, which is pending — the single Judge's order has merged with the pending appeal proceedings, and an appeal being a continuity of proceedings requires revisiting the impugned order — relying also on the observation of a co-ordinate Bench in CCC.No.1237/2022 (Civil) that an interim order, by its very nature, does not finally determine the rights of the parties and has no trappings of finality — Court not inclined to entertain the contempt petition and not persuaded to exercise contempt jurisdiction — contempt proceeding dropped; liberty granted to the complainant as sought for, in accordance with law.

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NC: 2025:KHC:5573-DB CCC No. 1114 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF FEBRUARY, 2025

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 1114 OF 2022

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BETWEEN:

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SRI CHANDRASHEKAR AGED ABOUT 54 YEARS S/O LAWTE SHIVA RAM RA/T NO.172 OPP. VASUDHA BHAVAN TEACHER S COLONY BSK I-STAGE BENGALURU 560 078.

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…COMPLAINANT

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(BY SRI. K K VASANTH - ADVOCATE)

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Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA

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AND:

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SRI G KUMAR NAIK THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARAPARK WEST BENGALURU-560020.

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SRI. N. CHIDANANDA THE DEPUTY SECRETARY-3 BENGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARAPARK WEST BENGALURU-560020.

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…ACCUSED

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(BY SRI. .B VACHAN - ADVOCATE)

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2 - NC: 2025:KHC:5573-DB CCC No. 1114 of 2022

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THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA, R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971 PRAYING TO SUMMON, PROSECUTE AND PUNISH THE ACCUSED HEREIN FOR DELIBERATE AND WILLFUL DISOBEDIENCE OF THE ORDER DATED 03.03.2020 PASSED IN W.P.NO.39344/2016 (BDA) BY THIS HON’BLE COURT.

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

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

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This contempt petition is initiated by the complainant against respondents/accused for willful disobedience of the order passed by the learned single Judge in W.P.No.39344/2016 dated 03.03.2020.

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Learned counsel Sri K.K.Vasanth for the complainant is present before the Court physically inclusive of Sri B.Vachan for accused Nos.1 and 2.

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3 - NC: 2025:KHC:5573-DB CCC No. 1114 of 2022

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Learned counsel for accused Nos.1 and 2 submits that against the order passed by the learned single Judge, an appeal is filed in W.A.No.106/2023 and the same is pending consideration. This submission is placed on record.

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However, in a given peculiar facts and circumstances of the case and also observation made in the order passed by a co-ordinate Bench of this Court in CCC.No.1237/2022 (Civil) dated 26.03.2023 wherein it indicates that when the order is an interim order, by its very nature it does not determine rights of the parties finally. There are no trappings of finality in the order. In the aforesaid view, this Court is not inclined to entertain the contempt petition and it is not persuaded to exercise the power of contempt under the Contempt of Courts Act, 1971 since the order passed by the learned Single Judge in W.P.No.39344/2016 has merged with the proceedings in W.A.No.106/2023 which is pending consideration. However, appeal is nothing but of continuity of proceedings and it requires revisiting the impugned order. Therefore, keeping in view Section 2(b) and Sections 11 and 12 of the Contempt of Courts Act inclusive of Article 215 of Constitution of India, this

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NC: 2025:KHC:5573-DB CCC No. 1114 of 2022

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contempt proceeding does not survive for consideration. Accordingly, the contempt proceeding is hereby dropped. However, liberty is granted as sought for in accordance with law.

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SD/(K.SOMASHEKAR) JUDGE

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SD/(VENKATESH NAIK T) JUDGE

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DKB

Sri Chandrashekar v. Sri G Kumar Naik

Case brief

What is this about?

What did the court decide?

Sri Chandrashekar v. Sri G Kumar Naik

Case brief

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