V Nagaraja Vs P B Mahishi — Company and Corporate | Karnataka HC (2025)

V Nagaraja Vs P B Mahishi — Company and Corporate | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether these contempt proceedings can proceed against the accused for the alleged wilful disobedience of the judgments of this Court dated 21.09.1998 in WP No.29221/1997 and dated 03.05.2005 in WP No.45334/2004 c/w WP No.45386/2004, given that those judgments stand merged in the Supreme Court's judgment and the Supreme Court has already dismissed earlier contempt proceedings without finding wilful disobedience.

Court's answer

Firstly, the judgments of this Court regarding which contempt is alleged have been merged with the judgment of the Supreme Court in Civil Appeal Nos.3492-94/2005 and other connected matters.

Ratio / Principle

Further, the Hon'ble Supreme Court did not find contempt of its own order and dismissed the earlier contempt petitions; therefore, there is no scope to proceed with these contempt petitions.

Key takeaways

For the aforesaid reasons, these contempt proceedings are dropped, and the pending applications and memos stand disposed of.ratio¶130

Detailed headnote1 paragraphs

Civil Contempt Petitions CCC Nos. 265 and 796 of 2007 (High Court of Karnataka, 18.06.2025; oral order per K.S. Mudagal J., with P Sree Sudha J.) under Sections 11 & 12 of the Contempt of Court Act 1971 read with Article 215 of the Constitution of India, by V. Nagaraja (Dalita Sangarshasa Samithi), ARPANA(R) (Citizens Service Forum) and Pramod Layout Residents Welfare Association against State officials, members/invitees of the 11th Empowered Committee and directors of Nandi Infrastructure Corridor Enterprises Ltd., for alleged wilful disobedience of this Court's judgments dated 21.09.1998 (WP No.29221/1997) and 03.05.2005 (WP No.45334/2004 c/w WP No.45386/2004). The Bench held that (i) those judgments had merged with the judgment of the Supreme Court in Civil Appeal Nos.3492-94/2005, by which the Supreme Court confirmed them on 20.04.2006; and (ii) the Supreme Court had already dismissed earlier contempt petitions (C) No.144 of 2006 and 96 of 2007 filed by one Dakshinamurthy and others, finding no wilful disobedience since the parties' disputes related to the terms of the FWA. Accordingly, there was no scope to proceed: the proceedings were dropped and pending applications and memos stood disposed of. Accused No.10 (CCC 265) and Accused No.5 (CCC 796) had earlier been demised/struck off vide order dated 07.12.2011.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF JUNE, 2025

PRESENT

THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND

THE HON'BLE MRS JUSTICE P SREE SUDHA CIVIL CONTEMPT PETITION NO. 265 OF 2007 C/W CIVIL CONTEMPT PETITION NO. 796 OF 2007

IN CCC No. 265/2007

BETWEEN:

V. NAGARAJA STATE CO-ORDINATOR DALITA SANGARSHASA SAMITHI NO.2, UPADYAYA LAYOUT 3^RD CROSS, BHUPASANDRA MAIN ROAD RMV II STAGE, NAGASETTY HALLI BANGALORE-560 094

Digitally signed by K S RENUKAMBA Location: High Court of Karnataka

ARPANA(R) (CITIZENS SERVICE FORUM) A REGISTERED ASSOCATION NO.55/A, 13^TH CROSS MAHALAKSHMI LAYOUT BANGALORE-560 086 REPRESENTED BY ITS GENERAL SECRETARY M.S.SHESHADRI

…COMPLAINANTS

(BY SMT. SUMANA NAGANAND, ADVOCATE)

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AND:

P.B. MAHISHI MAJOR CHIEF SECRETARY AND CHAIRMAN EMPOWERED COMMITTEE STATE OF KARNATAKA VIDHANA SOUDHA, BANGALORE

K.M. SHIVAKUMAR MAJOR SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES AND CHAIRMAN AND MEMBER OF 11^TH EMPOWERED COMMITTEE, KIADB VIKASA SOUDHA BANGALORE-560 001

D.N. NAYAK MAJOR CEO OF KIADB AND INVITEE TO 11^TH EMPOWERED COMMITTEE RASHTROTHANA BUILDING NRUPATHUNGA ROAD BANGALORE-560 001

SHARATHCHANDRA MAJOR CHAIRMAN, KARNATAKA POLLUTION CONTROL BOARD, PARISARA BHAVAN CHURCH STREET BANGALORE-560 001

BABA SAHIB KALYANI MAJOR SHAREHOLDER OF NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE MIDFORD GARDEN, OFF M.G. ROAD BANGALORE-560 001

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ASHOK KHENNY MAJOR MANAGING DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED AND PERMANENT INVITEE OF THE EMPOWERED COMMITTEE MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001

SHIVAKUMAR KHENY MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001

SANJIVI SUNDAR MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001

AMIT KALYANI MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001

B.R.V. GOWD MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001

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VIDE ORDER DATED 07.12.2011 R-10 IS DEMISE

SANJAY S. VAIDYA MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001

DR. JOHN C. HAYWARD MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001

PRAKASH C. BHALERAO MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED MIDFORD HOUSE, MIDFORD GARDEN OFF M.G.ROAD, BANGALORE-560 001

B.K. DAS MAJOR EX-CHAIRMAN OF 11^TH EMPOWERED COMMITTEE, VIDHANA SOUDHA BANGALORE-560 001

R.S. PONDEY MAJOR MEMBER OF 11^TH EMPOWERED COMMITTEE AND DEPUTY SECRETARY FINANCE DEPARMENT VIKASA SOUDHA BANGALORE-560 001

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VINAYKUMAR MAJOR MEMBER OF 11^TH EMPOWERED COMMITTEE AND PRINCIPAL SECRETARY TO GOVERNMENT INFRASTRUCTURE DEPARTMENT VIKASA SOUDHA BANGALORE-560 001

S.M. JAMDAR MAJOR MEMBER OF 11^TH EMPOWERED COMMITTEE AND PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT VIKASA SOUDHA BANGALORE-560 001

ABHIJIT DAS GUPTA MAJOR MEMBER OF 11^TH EMPOWERED COMMITTEE AND PRINCIPAL SECRETARY TO GOVERNMENT, FOREST, ECOLOGY AND ENVIRONEMNT DEPARTMENT VIKASA SOUDHA BANGALORE-560 001

K. VISHWANATHA REDDY MAJOR MEMBER OF 11^TH EMPOWERED COMMITTEE AND DEPUTY SECRETARY TO GOVERNMENT HOUSING DEPARTMENT VIKASA SOUDHA BANGALORE-560 001

SUBHASHCHANDRA MAJOR MEMBER OF 11^TH EMPOWERED COMMITEE AND SECRETARY TO GOVERNMENT

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URBAN DEVELOPMENT DEPARMTENT VIKASA SOUDHA, BANGALORE-560 001

B.S. REDDY MAJOR MEMBER OF 11^TH EMPOWERED COMMITTEE AND SECRETARY TO GOVERNMENT LAW, JUSTICE AND HUMAN RIGHTS DEPARTMENT, VIKASA SOUDHA BANGALORE-560 001

T. SUKUMAR MAJOR MEMBER OF 11^TH EMPOWERED COMMITTEE AND SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT VIKASA SOUDHA BANGALORE-560 001

G.V. KONGAVAD MAJOR INVITEE OF 11^TH EMPOWERED COMMITTEE AND DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT KRISHI BHAVAN, HUDSON CIRCLE BANGALORE-560 001

B. MAHENDRU MAJOR INVITEE TO 11^TH EMPOWERED COMMITTEE AND TOWN PLANNING MEMBER, BDA BDA COMPLEX, KUMARA PARK BANGALORE

T.C. KRISHNASWAMY MAJOR INVITEE OF 11^TH EMPOWERED COMMITTEE AND SPECIAL DEPUTY COMMISSIONER, KIADB KAVERI GUEST HOUSE

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PALACE ROAD BANGALORE-560 001

…ACCUSED

(BY SMT. SHRUTHI CHAGANTI, ADVOCATE FOR ACCUSED NO.1; SRI. MURUGESH V. CHARATI, ADVOCATE FOR ACCUSED NO.2; SRI. B.R. SRINIVASA GOWDA, ADVOCATE FOR ACCUSED NOS.3 AND 25;

SRI. E.R. DIWAKAR, ADVOCATE FOR ACCUSED NO.4; SRI. R.V.S. NAIK, SENIOR COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR ACCUSED NOS.5, 6, 7, 8, 9 AND 12; VIDE ORDER DTD.07.12.2011 ACCUSED NO.10 IS DEMISE; SRI. B.L. ACHARYA, SENIOR COUNSEL FOR ACCUSED NO.11; SRI. T. NARAYANASWAMY, ADVOCATE FOR ACCUSED NO.13; SMT. NAMITHA MAHESH B.G, AGA FOR ACCUSED NO.14 TO 23;

SRI. K. KRISHNA, ADVOCATE FOR ACCUSED NO.24)

THIS CCC IS FILED SECTIONS 11 & 12 OF THE CONTEMPT OF COURT ACT 1971 READ WITH ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE RESPONDENTS FOR DISOBEYING THE ORDER DTD.21.9.1998 PASSED IN W.P.NO.29221/1997 AND ORDER DATED 3.5.2005 PASSED IN W.P.NO.45334/2004 C/W W.P.NO.45386/2004.

IN CCC NO. 796/2007

BETWEEN:

PRAMOD LAYOUT RESIDENTS WELFARE ASSOCIATION (REGD.) A CO-OPERATIVE SOCIETY HAVING ITS REGISTERED OFFICE AT 125/2, PRAMOD SOCIETY BUILDING 50 FEET ROAD, OFF RING ROAD PANTHARAPALYA

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BANGALORE-560 039 REPRESENTED BY ITS PRESIDENT SRI. C. VENKATESH

...COMPLAINANT

(BY SRI. ASWIN PRABHU S.D, ADVOCATE)

AND:

NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.1, MIDFORD HOUSE MIDFORD GARDENS OFF M.G.ROAD, BANGALORE-560 001 REPRESENTED BY ITS MANAGING DIRECTOR MR. ASHOK KHENY

MR. ASHOK KHENY MANAGING DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD NO.1, MIDFORD HOUSE MIDFORD GARDENS OFF M.G.ROAD, BANGALORE-560 001

MR. SHIVKUMAR KHENY MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD, NO.1 MIDFORD HOUSE, MIDFORD GARDENS OFF. M.G.ROAD BANGALORE-560 001

MR. AMIT KALYANI MAJOR DIRECTOR

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NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD, NO.1 MIDFORD HOUSE, MIDFORD GARDENS OFF. M.G.ROAD BANGALORE-560 001

B.R.V. GOUD MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED NO.1, MIDFORD HOUSE MIDFORD GARDENS OFF M.G.ROAD, BANGALORE-560 001

(R5 IS STRUCK OFF FROM THE ARRAY OF PARTIES VIDE ORDER DATED 07.12.2011 R5 IS DEMISE)

MR. PRAKASH BHALERAO MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD, NO.1 MIDFORD HOUSE, MIDFORD GARDENS OFF. M.G.ROAD, BANGALORE-560 001

MR. JOHN C. HAYWARDS MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD, 140 BROOKS, DR.BEVER FALLS PENNYSYLVANIA, USA-150 10

MR. SANJIVI SUNDAR MAJOR DIRECTOR NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD, NO.1

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MIDFORD HOUSE, MIDFORD GARDENS OFF M.G.ROAD, BANGALORE-560 001

MR. P.B. MAHISHI MAJOR CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE

MR. SUBHASHCHANDRA MAJOR SECRETARY URBAN DEVELOPMENT DEPARTMENT AND MEMBER, 11^TH EMPOWERED COMMITTEE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE

MR. SUDHIR KRISHNA, IAS MAJOR PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE

MR. K.M. SHIVKUMAR MAJOR PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES MEMBER, 11^TH EMPOWERED COMMITTEE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE

MR. KRISHNAKUMAR MAJOR ADVISOR TO THE GOVERNOR

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COMMERCE AND INDUSTRIES & INFRASTRUCTURE, RAJ BHAVAN BANGALORE-560 001

MR. H.C. SHARATHCHANDRA MAJOR CHAIRMAN, KARNATAKA STATE POLLUTION CONTROL BOARD, PARISARA BHAVAN CHURCH STREET BANGALORE

...ACCUSED

(BY SRI. R.V.S. NAIK, SENIOR ADVOCATE FOR SRI. NITHIN PRASAD, ADVOCATE FOR ACCUSED NOS.1, 2, 4, 7 & 8;

SRI. C. GOWRISHANKAR, ADVOCATE FOR ACCUSED NO.3;

VIDE ORDER DATED 07.12.2011 ACCUSED NO.5 IS DEMISE; SRI. T. NARAYANASWAMY, ADVOCATE FOR ACCUSED NO.6; SMT. NAMITHA MAHESH B.G., AGA FOR ACCUSED NOS.9, 10, 11, 12 & 13) SRI. E.R. DIWAKAR, ADVOCATE FOR ACCUSED NO.14)

THIS CCC IS FILED UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURT ACT 1971 READ WITH ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST ACCUSED FOR DISOBEYING THE ORDER DTD.03.05.05 PASSED IN W.P.NO. 45386/2004(PIL-LA-KIADB) VIDE ANNEXURE-F.

THESE PETITIONS COMING ON FOR ORDERS THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL and HON'BLE MRS JUSTICE P SREE SUDHA

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ORAL ORDER

(PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL)

Heard both side.

These complaints are filed seeking initiation of

contempt proceedings against the accused for the alleged willful disobedience of the judgments of this Court dated 21.09.1998 and 03.05.2005 in WP No.29221/1997 and WP No.45334 /2004 C/w. WP No.45386/2004 respectively.

The records produced show that aforesaid judgments of this Court were challenged before the Hon'ble Supreme Court in Civil Appeal Nos.3492 - 3494 of 2005 and other connected matters. The Hon'ble Supreme Court by the Judgment dated 20.04.2006 has confirmed the aforesaid Judgments of this Court.

One Dakshinamurthy and others filed contempt petition (C) No.144 of 2006 and 96 of 2007 and other connected matters alleging that the present respondent accused who were appellants in those cases have

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committed contempt of the Judgment of the Hon'ble Supreme Court in Civil Appeal No. 3492-3494/2005 and the connected matters. The Hon'ble Supreme Court, on hearing the parties, dismissed those contempt proceedings with the following observation.

"… Having considered the judgment of this Court and the terms thereof and what has been stated by the respondents in the affidavits filed, it appears to us that the parties are in dispute with regard to the terms of the FWA. In respect of some of such disputes, writ petitions have been filed before the Karnataka High Court, which matters are presently pending. If the parties are in dispute with regard to the terms and implications of the different clauses of the FWA and the reciprocal rights and duties of the parties thereunder, it cannot be held that the respondents are guilty of wilful disobedience which satisfaction the Court has to record before reaching a conclusion that contempt of this Court has been committed."

Firstly, the judgments regarding which

contempt is alleged have been merged with the judgment of Supreme Court in Civil Appeal Nos.3492-94/2005 and

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other connected matters. Further, Hon'ble Supreme Court

did not find contempt of the order of the Hon'ble Supreme

Court and dismissed the petition. Therefore, there is no scope to proceed with these contempt petitions.

For the aforesaid reasons, these proceedings are dropped.

The pending applications and memos stood

disposed of.

Sd/(K.S.MUDAGAL) JUDGE

Sd/(P SREE SUDHA) JUDGE

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