- 1 - HC-KAR NC: 2025:KHC-K:3823-DB CCC No. 200100 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS. JUSTICE K S HEMALEKHA CIVIL CONTEMPT PETITION NO.200100 OF 2025 BETWEEN: POOJYA SHRI SIDDALINGA SWAMIJI S/O KARNAYYA OCCUPATION: PEETHADIPATI OF KARUNESHWAR MATH ANDOLA R/O ANDOLA TALUKA: JEWARGI DISTRICT: KALABURAGI. …COMPLAINANT (BY SRI RAMCHANDRA K, ADVOCATE & SRI GURUBASAVA C. NAYAK, ADVOCATE FOR COMPLAINANT) AND: 1. SRI KRISHNA BHAJAPAYEE THE REGIONAL COMMISSIONER, KALABURAGI- 585 102. 2. SMT. FOUZIA TARANUM THE DEPUTY COMMISSIONER, KALABURAGI - 585 102. 3. SRI BHUVANESH PATIL THE COMMISSIONER CMC KALABURAGI - 585 102. Digitally signed by KHAJAAMEEN MALAGHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3823-DB CCC No. 200100 of 2025 4. SRI RAMESH PATTEDAR COMMISSIONER CMC ZONAL-I KALABURAGI- 585 102. 5. SRI. PRADEEP THE COMMISSIONER CMC ZONAL-II KALABURAGI - 585 102. 6. SRI. MUJAMIL ALAM THE COMMISSIONER CMC ZONAL-III KALABURAGI - 585 102. …ACCUSED 7. THE PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING BANGALORE-560 001 …PERFORMA PARTY (BY SRI GOURISH S. KHASHAMPUR ADV. FOR R3 TO R6; SRI SHIVAKUMAR TENGLI AGA, FOR R7) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURT ACT 1971, PRAYING TO INITIATED CONTEMPT PROCEEDINGS AS AGAINST THE ACCUSED PERSONS IN ACCORDANCE WITH LAW FOR WILLFUL DELIBERATE DISOBEDIENCE ORDER OF THIS HON’BLE COURT IN WP NO.203686/2024 DATED 17.12.2024, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-K:3823-DB CCC No. 200100 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS JUSTICE K S HEMALEKHA ORAL ORDER (PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ) The petitioner/complainant, alleging that the respondents have willfully and deliberately disobeyed the order of this Court passed in W.P.No.203686/2024 dated 17.12.2024 has preferred this contempt petition to initiate contempt proceedings. 2. In the above mentioned writ petition, the following prayers were sought: “a) Issue Writ of Mandamus directing the respondents to consider the representations as per Annexure-B to Annexure-L dated 17.09.2024 and 19.09.2024 as per law in the interest of justice. b) Issue writ of Mandamus directing the respondents to demolish the illegal and unauthorized constructed buildings who are violated the rules and regulations of the - 4 - HC-KAR NC: 2025:KHC-K:3823-DB CCC No. 200100 of 2025 Municipal Corporation Act as observed in W.P.No.201697/2024 as per Annexure-A. c) Issue any other directions or orders as the Hon’ble High Court deems fit under the facts and circumstances of the case.” 3. The learned Single Judge at para No.5 passed the following order: “5. In view of the aforesaid facts and circumstances and rival submissions, the concerned respondents are hereby directed to address the grievances of the petitioner and consider his representations at Annexures-B to L, all dated 17.09.2024 and 19.09.2024, respectively, and pass appropriate order / take appropriate decision in accordance with law, within a period of two months from the date of receipt of a copy of this order.” 4. The learned counsel for respondent Nos.3 to 6 has filed compliance report in the form of affidavit of Shinde Avinash Sanjeevan, working as Commissioner, - 5 - HC-KAR NC: 2025:KHC-K:3823-DB CCC No. 200100 of 2025 Mahanagara Palike, Kalaburagi. At para Nos.4 and 5, it is stated as under: “4. I state after the said order was passed, I had issued directions dated 26.05.2025 to all of the zonal Offices to carry out physical inspection of the properties stated in the representation made by the complainant. The copy of the direction issued by me is enclosed herewith as Annexure- R(3)-2. 5. I state that as per the said directions, the zonal office verification of documents and undertook inspection of the properties mentioned by the complainant. Based on their assessment, they issued endorsement to the Complainant on 7-7-2025. The copy of the endorsement issued by the all of the Zonal Commissioners are enclosed herewith as Annexure R(3)-3, Annexure R(3)-4 and Annexure R(3)-5. I state that they submitted their respective report dated 7- 7-2025. The Zonal Commissioners the copy of the joint report is enclosed herewith as Annexure R(3)-6.” - 6 - HC-KAR NC: 2025:KHC-K:3823-DB CCC No. 200100 of 2025 5. The learned counsel for complainant submits that liberty may be reserved to the complainant to challenge the endorsement issued by the respondents. 6. In view of the compliance report filed by respondent Nos.3 to 6, contempt proceedings are dropped. Petition is disposed of. It is open for the complainant to challenge the endorsement in accordance with law, if aggrieved. SD/- (MOHAMMAD NAWAZ) JUDGE SD/- (K S HEMALEKHA) JUDGE HB List No.: 1 Sl No.: 2 NI