M/S Hkbk College of Engineering Vs Sri Ramachandrappa — Contempt of Court | Karnataka HC (2025)

M/S Hkbk College of Engineering Vs Sri Ramachandrappa — Contempt of Court | Karnataka HC (2025)

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NC: 2025:KHC:2236-DB CCC No. 130 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF JANUARY, 2025

PRESENT

THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

AND

THE HON'BLE MR JUSTICE M.I.ARUN

CCC NO. 130 OF 2024 (CIVIL)

BETWEEN:

M/S. HKBK COLLEGE OF ENGINEERING NO.22/1, NAGAWARA ARABIC COLLEGE POST BENGALURU - 560 045 REP. BY ITS MANAGING TRUSTEE MR. SYED HARRON RASHEED

…COMPLAINANT

(BY SRI RAGHUNATH M.D., ADVOCATE)

Digitally signed by PRABHAKAR SWETHA KRISHNAN

Location: High Court of Karnataka

AND:

MR. TUSHAR GIRINATH THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGAR PALIKE OFFICE AT N.R. SQUARE BENGALURU - 560 002.

(VCO DATED 09.02.2024, ACCUSED NO.1 IS DELETED)

MR. NAGARAJ THE ASST. EXECUTIVE ENGINEER BBMP, OFFICE AT HRBR RANGE

2 - NC: 2025:KHC:2236-DB CCC No. 130 of 2024

BENGALURU - 560 043. (VCO DATED 09.02.2024, ACCUSED NO.2 IS DELETED)

SRI RAMACHANDRAPPA S/O. LATE NAGAPPA AGED ABOUT 91 YEARS R/AT NAGAWARA VILLAGE KASABA HOBLI ARABIC COLLEGE POST BENGALURU - 560 045

MR. RAJNIKANTH REDDY FATHER NAME NOT KNOWN TO THE PETITIONER MAJOR R/AT NO.23, KATHA NO.313 AND 314 SY NO.23/3, 23/4, NAGAWARA VILALGE BENGALURU - 560 045

SMT. ANJINAMMA MAJOR W/O. LATE KRISHNAPPA R/AT NO.23, KATHA NO.313 AND 314 SY NO.23/3, 23/4, NAGAWARA VILLAGE BENGALURU - 560 045

…ACCUSED

(BY SRI H.V. DEVARAJ, ADVOCATE FOR ACCUSED Nos.3 TO 5)

THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO TAKE SUITABLE ACTION AGAINST THE ACCUSED FOR VIOLATING THE ORDERS OF THIS HON'BLE COURT IN W.P. No. 23617/2023 (LB-BMP) DATED 04/12/2023 & ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:2236-DB CCC No. 130 of 2024

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

The grievance of the petitioner in the writ petition was that

the Bruhat Bengaluru Mahanagara Palike did not take any action against the private respondents with regard to the alleged illegal construction carried out by them. That petition was disposed of by learned Single Judge by the order dated 04.12.2023.

The last two paragraphs of the said order from which the present contempt petition arises, read as under,

"4. A further undertaking has been made by respondent Nos.3 and 4 that during the pendency of the appeal respondent Nos.3 and 4 will not undertake any further construction except interior works. However, I am of the considered opinion that once a confirmatory order has been passed, the question of carrying out any construction activities including interior works would not arise until the construction is brought in accordance with the building bye-laws and/or the plan sanction.

In that view of the matter, the permission for carrying out interior works is refused since action has already been initiated by the Corporation under Section 248 of the BBMP

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NC: 2025:KHC:2236-DB CCC No. 130 of 2024

Act and an appeal is still pending, the decision of the Chief Commissioner would be binding on the parties."

Learned Single Judge refused the permission for carrying out interior works since action under Section 248 of the Bruhat Bengaluru Mahanagara Palike Act, 2020, has already been initiated by the Corporation and the appeal in that regard is pending, observing further that the decision of the Chief Commissioner shall be binding on both the parties.

No contempt is made out in respect of the above order. The contempt petition is misconceived.

It is accordingly dismissed.

It goes without saying that the decision in the said appeal could be challenged by the complainant, if aggrieved, on merits in accordance with law.

Sd/(N. V. ANJARIA) CHIEF JUSTICE

Sd/(M.I.ARUN) JUDGE

CR, List No.: 1 Sl No.: 41