Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5865-DB CCC No. 27 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
CCC NO. 27 OF 2024 (CIVIL)
BETWEEN:
1.
SRI.K.P SIDDARAJU S/O LATE K K PAPANNA AGED ABOUT 39 YEARS
2.
SRI K P ARUN KUMAR S/O LATE K K PAPANNA AGED ABOUT 36 YEARS
BOTH R/A KIRAGANDUR VILLAGE DUDDA HOBLI, MANDYA TALUK MANDYA - 571 403 …COMPLAINANTS (BY SRI. ASHOKA T, ADVOCATE)
AND:
1.
MR. SIDDARAJU N S/O MR. NAGEGOWDA AGED ABOUT 36 YEARS R/A NO.130, YALADAHALLI VILLAGE C A KERE HOBLI MADDUR TALUK MANDYA DISTRICT-571 422 …ACCUSED (BY SRI. SRINIVAS V, ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO TAKE NECESSARY
Digitally signed by AMBIKA H B Location: High Court of Karnataka
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NC: 2025:KHC:5865-DB CCC No. 27 of 2024
ACTION AGAINST THE RESPONDENT/ACCUSED IN ACCORDANCE WITH LAW SINCE HE HAS WILLFULLY AND DELIBERATELY DISOBEYED THE INTERIM ORDER DATED 11.10.2023 PASSED IN W.P.NO.17561/2023 BY THIS HONBLE COURT VIDE ANNEXURE-C.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
It is the order dated 11.10.2023 passed by learned Single Judge in the pending proceedings of Writ Petition No.17561 of 2023 which is brought under the contempt jurisdiction. The relevant part of the order reads as under,
"6. Respondent No.4 along with authorized representative of respondent No.6 to cause inspection at the property covered under Sy.Nos.34/11, 35/18, 35/19, 35/20, 35/21 of Kiragandur Village, Dudda Hobli, Mandya Taluk & District, to ascertain if any layout plan has been sanctioned in respect of the said properties by the planning authority. 7. In the event of no such plan having been sanctioned, to ensure that no further construction takes place in the said survey numbers. - 3 -
NC: 2025:KHC:5865-DB CCC No. 27 of 2024
8. Inspection to be carried out commencing from 10.30 a.m. on 30.10.2023. Report to be submitted by 06.11.2023."
2. The aforesaid order was passed on 11.10.2023. Admittedly, the said order is an interim order in the parent proceedings of the writ petition which is pending before learned Single Judge since 2023 to be considered on merits at large. Not only that, it was stated by learned advocate Mr. V. Srinivas for the respondent that pursuant to the said interim order construction was stopped on 04.11.2023 which is reflected from the photographs produced on record. This aspect was sought to be disputed by learned advocate for the complainants. 3. Whether construction is continued or not, post the order of the order dated 11.10.2023, is to be gone into upon leading of evidence. For this reason as well as for the reason that the order is interim in nature, this Court is not inclined to go into the issue whether contempt is committed or not by exercising jurisdiction under the Contempt of Courts Act, 1971. 4. The parties are at liberty to work out their rights and remedies before learned Single Judge. Since the petition is of
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NC: 2025:KHC:5865-DB CCC No. 27 of 2024
2023, learned Single Judge may be requested by the parties to take up the petition expeditiously. 5. With the aforesaid limited observations, the contempt petition is disposed of without going into the merits of any of the aspects of the controversy.
Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (M.I.ARUN) JUDGE
AHB List No.: 1 Sl No.: 54