- 1 - NC: 2025:KHC:9531-DB CCC No. 53 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CIVIL CONTEMPT PETITION NO. 53 OF 2025 BETWEEN: 1. KUPPANDASANJEEVCARIAPPA @ BOPANNA K.C. AGED ABOUT 51 YEARS S/O. LATE KARIAPPA R/O. KURCHI VILLAGE SRIMANGALANAD, VIRAJPET TALUK KODAGU DISTRICT - 571 217. …COMPLAINANT (BY SRI BALASUBRAMANYA B.N., ADVOCATE FOR SRI TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA, ADVOCATE) AND: 1. MR. MAHESH KUMAR THE TAHASILDAR PONNAMPET TALUK PONNAMPET, KODAGU DISTRICT - 571 216. …ACCUSED Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:9531-DB CCC No. 53 of 2025 2. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA, BENGALURU - 560 001. ... PROFORMA RESPONDENT (BY SMT. PRAMODHINI KISHAN, AGA) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE OF CIVIL CONTEMPT AGAINST THE ACCUSED FOR DELIBERATE AND WILLFULLY DISOBEYING, NOT COMPLYING WITH THE ORDER DATED 15.10.2024 PASSED IN W.P.NO.27474/2024 (GM-FOR) BY THIS HON'BLE COURT I.E. ANNEXURE-A AND PUNISH THE ACCUSED SUITABLY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 - 3 - NC: 2025:KHC:9531-DB CCC No. 53 of 2025 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) This contempt petition is filed in respect of the order dated 15.10.2024 passed by learned Single Judge in the pending Writ Petition No.27474 of 2024. 2. The order reads as under, "Learned AGA accepts notice for respondent Nos.1 to 8. Issue emergent notice to respondent No.9 and 10. Meanwhile, respondent No.6 is to consider the representation of the petitioner for removal of the obstruction in the stream flowing between the petitioner's land and that of the private respondents land. Office objections shall be complied with within a week." 3. Evidently, the aforesaid order is an interim order, the main proceedings of the petition are pending at large to be considered on merits. Interim direction is given by learned Single Judge to consider the representation of the petitioner for removal of the obstruction in the stream flowing between the land of the petitioner and land of the private respondents. - 4 - NC: 2025:KHC:9531-DB CCC No. 53 of 2025 4. When the main proceedings are still under consideration and the rights of the parties are not finally crystallized, the court is not inclined to exercise jurisdiction under the Contempt of Courts Act, 1971. 5. In that view without expressing any opinion on merits, leaving the complainant to work out his rights and remedies in the proceedings of the writ petition before learned Single Judge, this contempt petition is not entertained and stands disposed of accordingly. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 3