- 1 - NC: 2025:KHC:9132-DB CCC No. 249 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH 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. 249 OF 2025 BETWEEN: 1. SMT. SHEELA ANISH D/O LATE KRISHNA MURTHY AGED ABOUT 64 YEARS OLD RESIDING AT NO.8 CONNAUGHT ROAD QUEENS ROAD CROSS BANGALORE-560 052 …COMPLAINANT (BY SRI. MAHESH M., ADVOCATE) AND: 1. MR. TUSHAR GIRI NATH COMMISSIONER THE BRUHAT BENGALURU MAHANAGAR PALIKE (BBMP) CORPORATION OFFICES N.R. SQUARE, J.C. ROAD BENGALURU- 560 002 2. SMT. SAROJA B.B. JOINT COMMISSIONER Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:9132-DB CCC No. 249 of 2025 BBMP, BENGALURU EAST MAYO HALL, BENGALURU 3. MR. GURURAJ POOJARI ASSISTANT REVENUE OFFICER VASANTHNAGAR SUB-DIVISION BBMP, BENGALURU …ACCUSED THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURT ACT, 1971, PRAYING TO TAKE COGNIZANCE AND CHARGE THE ACCUSED FOR WILLFUL DISOBEDIENCE OF THE ORDER DATED 30.10.2024 PASSED in THIS HON'BLE HIGH COURT SINGLE BENCH IN W.P.NO.16428/2024 AND TO PUNISH THE ACCUSED FOR WILLFUL CONTEMPT OF THE ORDER OF THIS HON'BLE COURT DATED 30.10.2024 PASSED IN THIS HON'BLE HIGH COURT SINGLE BENCH IN W.P.NO.16428/2024 IN ACCORDANCE WITH LAW IN 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:9132-DB CCC No. 249 of 2025 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The direction sought to be complied with as contained in the judgment and order in Writ Petition No.16428 of 2024 dated 30.10.2024 of learned Single Judge reads as under, "The writ petition is allowed. The second respondent's impugned order dated 10.06.2024 in Review Petition No.JC(E) 114A/40/2018/19 (Annexure-A) is quashed and the BBMP is directed to restore the Katha for the subject property in favour of the petitioner." 2. Evidently, the aforesaid direction does not contain any time limit for compliance. It was stated and argued by learned advocate Mr. M. Mahesh for the complainant-petitioner that subsequent to the aforesaid order, a communication/notice dated 20.11.2024 was sent to the competent authority requiring them to comply with the direction. In that notice also the authority was not put to any time limit for compliance. 3. In the aforesaid circumstances, it is not possible to conclude at this stage that there is a contempt much less a willful contempt on part of the respondent in not complying the direction when there is no time is prescribed for compliance. - 4 - NC: 2025:KHC:9132-DB CCC No. 249 of 2025 4. While on the aforesaid count contempt petition is not liable to be entertained, at the same time since the order of the court should not go uncomplied with, it is observed that the competent authority of the respondent herein shall comply with the direction within six weeks from today failing which the authority will be exposed to the contempt jurisdiction. 5. With the above limited observation the contempt petition is not entertained and stands disposed of. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 9