M/S Shambhavi Agency Vs Dr. Kumar — Contempt of Court | Karnataka HC (2026)

M/S Shambhavi Agency Vs Dr. Kumar — Contempt of Court | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Present contempt complaint closed; liberty given to the complainant to revive the writ petition W.P.No.15013/2021 (disposed of in terms of the order dated 23.11.2022) or to file a fresh petition.

Issue for consideration

Whether contempt proceedings are warranted against the accused (Deputy Commissioner, Mandya District) for willful disobedience of the order dated 23.11.2022 passed by the learned Single Judge in W.P.No.15013/2021 (GMRES), which directed the competent authority to act on the Tahsildar's recommendation within four weeks.

Court's answer

Proceedings for willful disobedience of the orders passed by this Court are not warranted, because the order dated 23.11.2022 had merely directed the competent authority to pass an order on the recommendation for grant of 1-00 acre in Survey No.232; that order has been passed (dated 11.08.2025) and the recommendation stands rejected, putting the complainant back in the position obtaining when the writ petition was filed.

Ratio / Principle

The mandate contained in the order dated 23.11.2022 has been fulfilled: the competent authority has passed the order contemplated by the direction and the recommendation for grant of 1-00 acre in Survey No.232 stands rejected.

Detailed headnote1 paragraphs

Civil Contempt Petition CCC No. 348 of 2025, High Court of Karnataka at Bengaluru (order dated 23.02.2026; bench: Chief Justice Vibhu Bakhru, author, and Justice C.M. Poonacha). Filed under Sections 11 and 12 of the Contempt of Court Act, 1971 r/w Article 215 of the Constitution of India by M/s Shambhavi Agency (represented by partner Smt. Akanksha Gurusiddappa; counsel Sri Siddharth Suman) against Dr. Kumar, Deputy Commissioner, Mandya District (accused), with the State of Karnataka as pro forma respondent (AGA Sri S.H. Raghavendra). The complaint alleged willful disobedience of the Single Judge's order dated 23.11.2022 in W.P.No.15013/2021 (GMRES), whereby the competent authority was directed to pass an order on the Tahsildar's recommendation for grant of 1-00 acre in Survey No.232, Marehalli village, Malavalli Taluk, within four weeks of receipt. The competent authority passed an order dated 11.08.2025 rejecting the grant, as the land falls amid private / Hiduvali land. Held (per oral order of the Chief Justice): contempt proceedings are not warranted, since the court's direction was only that an order be passed, and that has been done with the recommendation standing rejected. The complaint was closed, with liberty to revive W.P.No.15013/2021 or to file a fresh petition. No precedent was cited; no costs or damages awarded.

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NC: 2026:KHC:11203-DB CCC No. 348 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 348 OF 2025

BETWEEN:

M/S SHAMBHAVI AGENCY A REGISTERED PARTNERSHIP FIRM SITUATED AT KANAKAPURA ROAD MANDYA DISTRICT - 571 430 REPRESENTED BY ITS PARTNER SMT. AKANKSHA GURUSIDDAPPA D/O L GURUSIDDAPPA

…COMPLAINANT

(BY SRI SIDDHARTH SUMAN, ADVOCATE)

AND:

Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka

DR. KUMAR THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 571 401

…ACCUSED

THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001

…PRO FORMA RESPONDENT

(BY SRI S.H. RAGHAVENDRA, AGA)

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NC: 2026:KHC:11203-DB CCC No. 348 of 2025

HC-KAR

THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING WILLFULLY DISOBEYED THE ORDERS ORDER DATED 23.11.2022 IN WP NO.15013/2021 PASSED BY THE HON'BLE HIGH COURT OF KARNATAKA, BENGALURU I.E., ANNEXURE-A AND TO PUNISH THE ACCUSED FOR WILLFULLY AND DELIBERATELY FOR DISOBEYING THE SAID ORDER.

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

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

The complainant has filed the present complaint alleging willful disobedience of the order dated 23.11.2022 passed by the learned Single Judge of this Court in W.P.No.15013/22021 (GMRES).

The complainant had filed the said writ petition claiming allotment of government land falling in Survey No.206 of Marehalli Village, Malavalli Taluk, measuring 1 acre 20 guntas or land in

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NC: 2026:KHC:11203-DB CCC No. 348 of 2025

HC-KAR

Survey No.594 of Marehalli village, Malavalli Taluk for establishing an LPG godown.

Although the complainant has made an application as early as on 10.06.2019, no steps were taken in that regard. During the course of the hearing of the said petition, the learned AGA had submitted that the jurisdictional Tahsildar had made a recommendation to the competent authority (Deputy Commissioner, Mandya District) for allotment of 1-00 acre of land, albeit, in another location (Survey No.232). Accordingly, the said writ petition was disposed of with a direction that an appropriate order be passed by the competent authority based on the recommendation within a period of four weeks from the date of receipt of the order.

Once again there was inaction on the part of the accused and therefore the complainant has filed the present complaint.

The competent authority has now passed an order dated 11.08.2025 to the effect that 1-00 acre land falling in Survey No.232 of Marehalli village, Kasaba Hobli, Malavalli Taluk, cannot be granted as it comes in the middle of the private / Hiduvali land.

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NC: 2026:KHC:11203-DB CCC No. 348 of 2025

HC-KAR

In view of the said order, the complainant has now been put back in the same position as obtaining when he filed the petition.

Having noted the above, we are unable to accept that the proceedings for willful disobedience of the orders passed by this Court are warranted. We say so because vide the order dated 23.11.2022, this court had directed the competent authority to pass an order in respect to the recommendation for grant of 1-00 acre of land in Survey No.232. The said order has been passed and the recommendation stands rejected.

Accordingly, we close the present complaint, with liberty to the complainant to revive the writ petition (W.P.No.15013/2021) that was disposed of in terms of the order dated 23.11.2022 or to file a fresh petition.

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

Sd/(C.M. POONACHA) JUDGE

KMV

List No.: 1 Sl No.: 34