Disposed¶45

Sunil Pathak v. Smt. Shilpa Sharma, IAS

Karnataka HC5 Jun 2025CCC/200059/2025

Case brief

AI extract

What is this about?

CCC No. 200059 of 2025; High Court of Karnataka, Kalaburagi Bench; civil contempt; Article 215 Constitution of India; Section 12 Contempt of Courts Act 1971; compliance report affidavit of Assistant Commissioner Bidar; spot inspection 13.01.2025; Sri Kshetra Zharani Narasimha Temple cart and street vendors; W.P.No.202100/2024(GM-RES) direction dated 19.11.2024; contempt petition does not survive; proceedings dropped; Mohammad Nawaz; K S Hemalekha; Sunil Pathak.

What did the court decide?

In view of the compliance report (affidavit of respondent No.2 reporting compliance, following the spot inspection of 13.01.2025 which found no unauthorized vendors or shopkeepers in the temple premises), the present contempt petition does not survive for consideration and accordingly the proceedings are dropped. ¶45

Sunil Pathak Vs Smt. Shilpa Sharma, IAS — Contempt of Court | Karnataka HC (2025)

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NC: 2025:KHC-K:2856-DB CCC No. 200059 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 5^TH DAY OF JUNE, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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AND

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THE HON'BLE MRS JUSTICE K S HEMALEKHA

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CIVIL CONTEMPT PETITION NO.200059 OF 2025

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BETWEEN:

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SUNIL PATHAK AGED ABOUT 46 YEARS, OCCUPATION: BUSINESS, R/O: C/O ZHARANI NARASIMHA TEMPLE, BIDAR – 585 401.

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…COMPLAINANT

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(BY SRI. VENKATESH C. MALLABADI, ADVOCATE)

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AND:

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Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON

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Location: HIGH COURT OF KARNATAKA

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SMT. SHILPA SHARMA, IAS, DEPUTY COMMISSIONER BIDAR, BIDAR-585 401.

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SRI MOHAMMED SHAKEEL, KAS, THE ASSISTANT COMMISSIONER BIDAR. BIDAR-585 401.

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRL. SECRETARY, 9^TH FLOOR & 10^TH FLOOR, VISHVESHWARIAH TOWER, DR. B.R. AMBEDKAR VEEDHI, BENGALURU -560 001.

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…ACCUSED

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(BY SRI. SHIVAKUMAR TENGLI, AGA FOR R1 TO R3 )

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2 - NC: 2025:KHC-K:2856-DB CCC No. 200059 of 2025

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HC-KAR

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THIS CIVIL CONTEMPT OF COURT UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTION 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE PROCEEDINGS FOR CIVIL CONTEMPT OF COURT AGAINST THE ACCUSED FOR WILLFUL DISOBEDIENCE AND FOR THE UTTER DISRESPECT SHOWN TO THE DIGNITY OF THIS HON’BLE COURT BY DISOBEYING THE DIRECTION PASSED BY THE LEARNED SINGLE JUDGE IN ORDER DATED 19.11.2024 IN W.P.NO.202100/2024(GM-RES), THE CERTIFIED COPY OF WHICH IS AT ANNEXURE-A, AND TO AWARD APPROPRIATE PUNISHMENT TO THE ACCUSED.

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

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE Mrs JUSTICE K S HEMALEKHA

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

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Seeking a direction to the Executive Officer and

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Secretary, Sri Kshetra Zharani Narasimha Temple, Bidar, respondent No.4 to the writ petition, for removing illegal business including cart and street vendors from the temple premises, the complainant herein and others preferred

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3 - NC: 2025:KHC-K:2856-DB CCC No. 200059 of 2025

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HC-KAR

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writ petition in W.P.No.202100/2024 before this court contending that their representations for redressal of their grievance were not considered.

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This court vide order dated 19.11.2024

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directed respondent Nos.2 and 3 therein to conduct a joint inspection in the presence of the petitioners and to take necessary steps.

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Learned Additional Government Advocate representing the respondents has filed an affidavit of respondent No.2, Assistant Commissioner, Bidar reporting compliance.

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It is submitted that pursuant to the directions issued by this court, a spot inspection was conducted on 13.01.2025 in the presence of the present petitioner and others and it was found that there was no unauthorized vendors or shop keepers functioning in the premises of Sri Kshetra Zharani Narasimha Temple. It is also stated that

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NC: 2025:KHC-K:2856-DB CCC No. 200059 of 2025

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HC-KAR

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the contempt petition was filed after the spot inspection

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was conducted.

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