A B Devaraju Vs Smt Aswathi S — Contempt of Court | Karnataka HC (2025)

A B Devaraju Vs Smt Aswathi S — Contempt of Court | Karnataka HC (2025)

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NC: 2025:KHC:32312-DB CCC No. 688 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF AUGUST, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MR. JUSTICE RAJESH RAI K

CIVIL CONTEMPT PETITION NO. 688 OF 2022

BETWEEN:

A.B. DEVARAJU S/O LATE BOREGOWDA, AGED ABOUT 73 YEARS, R/AT NO.182, AMBIGARAHALLI, SOMANAHALLI POST, KRISHNARAJPET TALUK, MANDYA - 571 605. AADHAR No.574143324883.

A.S. PARAMESHA

Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

S/O LATE SHIVEGOWDA, AGED ABOUT 54 YEARS, AMBIGARAHALLI, SOMANAHALLI POST, KRISHNARAJAPET TALUK, MANDYA - 571 605. PAN. No.AJCPP9815F AADHAR No.939731715324.

…COMPLAINANTS

(BY SRI. SHARATH S. GOWDA, ADVOCATE)

AND:

SMT. ASWATHI S. THE DEPUTY COMMISSIONER, MANDYA DC OFFICE

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PARK ROAD 2, PES COLLEGE CAMPUS, NEAR DISTRICT COURT, MANDYA - 571 401

THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, VIDHANA SOUDHA AMBEDKAR VEEDHI, BENGALURU - 560001

…ACCUSED

(BY SMT. MAMATHA SHETTY, AGA)

THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON'BLE COURT BE PLEASED TO HOLD THE ACCUSED HEREIN GUILTY OF CONTEMPT OF COURT FOR WILLFUL DISOBEDIENCE OF THE ORDER DATED 29.03.2022 PASSED BY THE HON'BLE COURT OF KARNATAKA IN WP NO.6386/2022 (LB-RES-PIL) VIDE ANNEXURE-A AND FURTHER BE PLEASED TO PUNISH THE ACCUSED WITH IMPRISONMENT OF SIX MONTHS IN ACCORDANCE WITH LAW.

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

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE RAJESH RAI K)

This contempt petition is initiated against the willful disobedience of the order passed by the Co-ordinate Bench of this Court in W.P.No.6386/2022 dated 29.03.2022, whereby the Co-ordinate Bench of this Court has directed respondent No.4 - Deputy Commissioner, Mandya District, to consider the representation of the petitioners for shifting the solid waste management unit of Somanahalli Grama Panchayat from Sy.No.178 within a period of ten days from the date of the order.

Learned Additional Government Advocate for the respondent- State has filed an additional compliance affidavit dated 19.07.2025 along with the photographs. Paragraphs 4, 5 and 6 of the additional compliance affidavit dated 19.07.2025 reads as under:

" 4. I state that in furtherance of the compliance affidavit dated 23.09.2022 filed by my predecessor in officer, it is submitted that the land bearing Sy.No.178 of Ambigarahalli Village, K.R.Pete Taluk, has been taken to the custody of the Revenue Department as

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same has already been not being utilized for the purpose of the Solid Waste Management Unit. The copy of the said order dated 01.09.2022 is produced as ANNEXURE-R1 in the earlier compliance affidavit.

It is submitted that the said structure is now in the possession of the Revenue Department and is kept under lock and key. It is humbly submitted that Ambigarahalli Village is a place of cultural importance having many famous Temples such as, Lord Sangameshwara, Lord Mahadeswara Temple. The said structure is on the banks of back waters of confluence of the three rivers namely-River Kaveri, Lakshmana Teertha and Hemavathi. Many devotees, who visit the Temples come to the said Sangam for a holy dip. As said such structure has not caused any environmental hazarad nor it is being utilized for any illegal activities, oral talks with the temple authorities are under process to use the said structure as changing rooms for public which for grocerie's received by the said Temple. The said process of utilizing the said building for any other purpose, is kept on hold due to the pendency of the present contempt Petition.

It is submitted that the said structure is under lock and key of the Office of the Deputy Tahsildar, Akki Hebbal Hobli, K.R.Pete Taluk, Mandya District. "

Subsequently, the learned Additional Government

Advocate filed additional compliance affidavit dated 13.08.2025

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along with the order passed by the Deputy Commissioner dated 04.08.2025 and the endorsement dated 06.08.2025 for having handed over the building to the Panchayath Development Officer, Somanahalli.

In the above view of the matter, the contempt petition does not survive for further consideration. If the complainants are aggrieved, they shall move the appropriate authority for further reliefs in accordance with law. Accordingly, contempt proceeding is dropped.

Sd/(ANU SIVARAMAN) JUDGE

Sd/(RAJESH RAI K) JUDGE

PN

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