- 1 - NC: 2025:KHC-K:2133-DB CCC No. 200178 of 2023 C/W CCC No. 200179 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO. 200178 OF 2023 C/W CIVIL CONTEMPT PETITION NO. 200179 OF 2023 IN CCC NO.200178/2023: BETWEEN: 1. 1A. RAMANANDSA S/O VEERANNASA BASUDE (SINCE DECEASED BY HIS LR), SRI VIVEKANAND BASUDE S/O RAMANANDSA BASUDE, AGED ABOUT 69 YEARS, OCC: BUSINESS, R/O H.NO.1-867/13/GF, RAMSARAS KRUPA, VENKATESH NAGAR, UNICORN GRAND APARTMENT, KALABURAGI – 585102. …COMPLAINANT (BY SMT. RATNA N SHIVAYOGIMATH, ADVOCATE) AND: 1. SRI RAKESH SINGH, IAS THE ADDL. PRINCIPAL SECRETARY, DEPT. OF URBAN DEVELOPMENT, M.S. BUILDING, BENGALURU – 01. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2133-DB CCC No. 200178 of 2023 C/W CCC No. 200179 of 2023 2. MS. FOUZIA TARANUM, IAS THE DEPUTY COMMISSIONER, THE PRESIDENT, SUPER MARKET COMMITTEE, MINI VIDHANA SOUDHA, STATION ROAD, KALABURAGI – 585101. 3. MALLIKARJUN H THE SECRETARY, SUPER MARKET COMMITTEE, AND THE EXECUTIVE ENGINEER, PWD, GULBARGA DIVISION, KALABURAGI – 585101. …ACCUSED 4. THE PRINCIPAL SECRETARY DEPT. OF URBAN DEVELOPMENT M.S. BUILDING, BANGALORE – 1. …PROFORMA PARTY (BY SRI MALLIKARJUN BASAREDDY, GA FOR R1 & R2; SRI SHIVAKUMAR TENGLI, ADV. FOR R3) 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 OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEDIENCE AND DISRESPECTING THE ORDER DATED 02.02.2023 IN W.P.NO.85572/2012 (GM-RES), VIDE ANNEXURE-A. IN CCC NO.200179/2023: BETWEEN: 1. 1A. SRI RAMACHANDRASA (SINCE DECEASED BY HIS LR), SMT. RAMABAI W/O RAMACHANDRASA SINCE DECEASED BY HER LRS. SRI NARAYANARAO PAWAR S/O RAMACHANDRASA PAWAR, - 3 - NC: 2025:KHC-K:2133-DB CCC No. 200178 of 2023 C/W CCC No. 200179 of 2023 AGED ABOUT 72 YEARS, OCC: BUSINESS, 1B. SMT. SHOBHA PAWAR W/O NARAYANRAO PAWAR AGED ABOUT 73 YEARS, OCC: H H WORK, 1C. SRI NARASIMAH PAWAR S/O NARAYANRAO PAWAR AGED ABOUT 34 YEARS, ALL ARE R/O H.NO.32/33, KALE LAYOUT, OPP. FIRE STATION, KALABURAGI. …COMPLAINANT (BY SMT. RATNA N SHIVAYOGIMATH, ADVOCATE) AND: 1. SRI RAKESH SINGH, IAS THE ADDL. PRINCIPAL SECRETARY, DEPT. OF URBAN DEVELOPMENT, M.S. BUILDING, BENGALURU – 01. 2. MS. FOUZIA TARANUM, IAS THE DEPUTY COMMISSIONER, THE PRESIDENT, SUPER MARKET COMMITTEE, MINI VIDHANA SOUDHA, STATION ROAD, KALABURAGI – 585101. 3. MALLIKARJUN H THE SECRETARY, SUPER MARKET COMMITTEE, AND THE EXECUTIVE ENGINEER, PWD, GULBARGA DIVISION, KALABURAGI – 585101. …ACCUSED 4. THE PRINCIPAL SECRETARY DEPT. OF URBAN DEVELOPMENT M.S. BUILDING, BANGALORE. …PROFORMA PARTY (BY SRI MALLIKARJUN BASAREDDY, GA FOR R1, R2 & R4; SRI SHIVAKUMAR TENGLI, ADV. FOR R3) - 4 - NC: 2025:KHC-K:2133-DB CCC No. 200178 of 2023 C/W CCC No. 200179 of 2023 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 OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEDIENCE AND DISRESPECTING THE ORDER DATED 02.02.2023 IN W.P.NO.86810/2012 (GM-RES), VIDE ANNEXURE-A. THESE CONTEMPT PETITIONS, COMING ON FOR REPORTING COMPLIANCE, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) These contempt petitions are filed alleging willful disobedience of the orders of the learned Single Judge both dated 02.02.2023 passed in W.P.No.86810/2012 (GM-RES) and W.P.No.85572/2012 (GM-RES). 2. The operative portion of the order of the learned Single Judge reads as under; “5. The paragraph 3 in the said affidavit refers to the site which the petitioners are accepting and also refers to the amount the petitioners have undertaken to pay. The petitioners - 5 - NC: 2025:KHC-K:2133-DB CCC No. 200178 of 2023 C/W CCC No. 200179 of 2023 have undertaken to pay the said amount within two weeks from today. 6. Learned Additional Government Advocate would submit that after receipt of the amount as aforesaid, further steps will be taken to transfer the property in the name of the petitioners in accordance with law.” 3. The respondent No.3 has filed an affidavit dated 02.04.2025 along with the documents. The affidavit of the Secretary Super Market Committee Kalaburagi indicates that they have taken decision to allot sites measuring 30 x 40 to the petitioners in the Super Market, Kalaburagi. The relevant paragraphs of the affidavit reads as under; “04. It is submitted that, in pursuance of the representations given by the complainants, same was placed before the Committee, accordingly the Committee has taken the decision to allot site measuring 30 x 40 ft in the Super Market Kalaburagi. The copies of the proceedings of the Committee dated 29.03.2025 are produced herewith as Annexure-R3. - 6 - NC: 2025:KHC-K:2133-DB CCC No. 200178 of 2023 C/W CCC No. 200179 of 2023 05. It is submitted that, the Committee has taken the decision to allot site measuring 30 x 40 ft subject to payment of difference amount for excess 400 sq.ft, at present market rate to the tune of Rs.40,88,000/- (Rupees Forty Lakhs Eighty Eight Thousand only). Accordingly, the Committee issued the provisional allotment letter dated 29.03.2025 requesting them to pay the difference amount. The copy of the said provisional allotment letters are produced herewith as Annexure-R4 & R5 respectively.” 4. In view of the aforesaid categorical statement on oath of the respondent-accused, we are of the considered view that the present contempt petitions would not survive for consideration. 5. Learned Government Advocate on instructions from the Assistant Executive Engineer of the Super Market Committee who is present before the Court, submits that once the petitioners deposit differential amount as sought, they would execute the absolute sale deed in their favour - 7 - NC: 2025:KHC-K:2133-DB CCC No. 200178 of 2023 C/W CCC No. 200179 of 2023 within a period of 30 days. The said submission and undertaking are placed on record. 6. Hence, the present contempt proceedings are dropped. It is needless to observe that if the respondents fail to adhere to the undertaking given in their affidavits, the petitioners-complainants are at liberty to file a fresh contempt petition. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MSR List No.: 1 Sl No.: 26 CT: PS