Sri. Krishnappa H.M. v. Sri. M. Mahadeva Prasad

Karnataka HC22 Jan 2025CCC/653/2022

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru (DB: K. Somashekar & Venkatesh Naik T, JJ.), CCC No. 653 of 2022, decided 22.01.2025 — civil contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution; Section 2(b) also invoked; alleged disobedience of Single Judge order dated 12.01.2022 in WP No.19074/2016 (KLR-CON); accused: Member Secretary, Hoskote Planning Authority and Commissioner, Hoskote City Municipal Council; Government of Karnataka circular dated 22.11.2018; contempt proceedings held not to survive and dropped.

What did the court decide?

None to the complainants; the civil contempt proceedings were dropped and no punishment was imposed on the accused. ¶¶43

Sri. Krishnappa H.M. Vs Sri. M. Mahadeva Prasad — Contempt of Court | Karnataka HC (2025)

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NC: 2025:KHC:2790-DB CCC No. 653 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2025

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR AND

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THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.653 OF 2022

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BETWEEN:

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SRI KRISHNAPPA H. M. AGED ABOUT 75 YEARS S/O. LATE MUNISHAMAPPA R/AT WARD NO.7, BEHIND RAJA ARTS NEAR GOVT. PU COLLEGE, M. V. EXTENSION HOSKOTE - 562 114

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SRI HEMANTH KUMAR AGED ABOUT 50 YEARS S/O. KRISHNAPPA R/AT WARD NO.7, BEHIND RAJA ARTS NEAR GOVT. PU COLLEGE, M. V. EXTENSION HOSKOTE - 562 114

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Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA

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SRI H. K. SURESH AGED ABOUT 47 YEARS S/O. KRISHNAPPA R/AT NEAR NANDASHRI KALAYANAMANTAPA ROSE GARDEN LAYOUT KAMMAVANENAG, M. V. EXTENSION HOSKOTE - 562 114

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SRI H. K. SATISH AGED ABOUT 44 YEARS S/O. KRISHNAPPA R/AT WARD NO.13 NEAR MARAMMA TEMPLE KAMMAVEREPET HOSKOTE - 562 114

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2 - NC: 2025:KHC:2790-DB CCC No. 653 of 2022

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H. K. KANTHARAJ AGED ABOUT 42 YEARS S/O. KRISHNAPPA R/AT WARD NO.7 KAMMAVARE NAGAR KURUBARAPET, GOWDARA LAYOUT M. V. EXTENSION HOSKOTE - 562 114

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H. K. SRIDHAR AGED ABOUT 40 YEARS S/O. KRISHNAPPA R/AT WARD NO.13, NEAR MARAMMA TEMPLE KAMMAVARPET

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HOSKOTE - 562 114

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H. K. NARENDRA BABU AGED ABOUT 38 YEARS S/O. KRISHNAPPA R/AT WARD NO.13, NEAR MARAMMA TEMPLE KAMMAVARPET HOSKOTE - 562 114

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…COMPLAINANTS

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(BY SRI V. VENKATESULU, ADVOCATE)

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AND:

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SRI M. MAHADEVA PRASAD MEMBER SECRETARY MISSION HOSPITAL ROAD 1^ST CROSS, VENKATADRI LAYOUT HOSKOTE - 562 114

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SRI PRASAD THE COMMISSIONER THE HOSKOTE CITY MUNICIPAL COUNCIL BENGALURU RURAL DISTRICT HOSKOTE - 562 114

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…ACCUSED

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(BY SRI GANGADHARAPPA A. V., ADVOCATE FOR A-1; SRI KEMPANNA, ADVOCATE FOR A-2)

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3 - NC: 2025:KHC:2790-DB CCC No. 653 of 2022

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THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA BY THE COMPLAINANT, WHEREIN HE PRAYS TO ALLOW THIS CONTEMPT PETITION AND CONSEQUENTLY PUNISH THE 3RD RESPONDENT/ACCUSED I.E. HOSKOTE PLANNING AUTHORITY REP. ITS MEMBER SECRETARY FOR COMMITTING CONTEMPT OF COURT WILLFULLY AND DELIBERATELY BY DISOBEYING THE ORDER DATED 12.01.2022 PASSED IN WP NO.19074/2016 (KLR-CON).

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

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR

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and

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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 proceedings has been initiated by the complainants in respect of the order dated 12.01.2022 passed by the learned Single Judge in WP.No.19074/2016 (KLR-CON) vide Annexure-B.

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Sri. V.Venkatesulu, learned counsel for the complainants appearing through video conferencing, Sri. Gangadharappa.A.V, learned counsel appearing for

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NC: 2025:KHC:2790-DB CCC No. 653 of 2022

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respondent/accused No.1 and Sri. Kempanna, learned counsel appearing for respondent/accused No.2 are present before the Court physically.

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Learned counsel for accused Nos.1 and 2 referring to the circular issued by the Government of Karnataka dated 22.11.2018, wherein reference was made in respect of circulars dated 26.05.2005, 03.12.2012, 24.05.2014 and 27.09.2014 and the notification dated 10.09.2015, pressed into service for consideration of the circular issued by the Government of Karnataka and therefore, there is no disobedience with the orders passed by the learned Single Judge.

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However, respondent No.3 has been arraigned as accused No.1 in this contempt proceeding. But, learned counsel for accused Nos.1 and 2 submits that this contempt proceeding has been initiated by the complainants to take action against them, despite there being no disobedience of the order passed by the learned Single Judge. Therefore, keeping in view the statement of objections filed by accused No.1 and accused No.2 and also referring to Annexure-V dated 20.10.2022 which is accompanied with the rejoinder filed on behalf of respondent

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NC: 2025:KHC:2790-DB CCC No. 653 of 2022

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No.1/accused No.1 and the provisions of Section 2(b) and Sections 11 and 12 of the Contempt of Courts Act, 1971, this contempt proceedings do not survive for consideration and

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consequently, the same is hereby dropped .

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Sd/-

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(K.SOMASHEKAR) JUDGE

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Sd/(VENKATESH NAIK T) JUDGE

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PHM

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List No.: 1 Sl No.: 10

Sri. Krishnappa H.M. v. Sri. M. Mahadeva Prasad

Case brief

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Sri. Krishnappa H.M. v. Sri. M. Mahadeva Prasad

Case brief

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