- 1 - NC: 2025:KHC:10955-DB CCC No. 274 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH 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. 274 OF 2024 BETWEEN: 1. K.C. MEDAPPA S/O LATE CARIAPPA AGED ABOUT 86 YEARS LAKKUNDA ESTATE, P.B.NO.9 KUTTA, KODAGU - 571 250. …COMPLAINANT (BY SMT. P.C. VINITHA, ADVOCATE) AND: 1. VENKATARAJU THE DEPUTY COMMISSIONER KODAGU DISTRICT MADIKERI - 571 201. 2. HARSHA KUMAR CHIKKANARAGUNDA THE DEPUTY CONSERVATOR OF FOREST AND DIRECTOR OF NAGARAHOLE NATIONAL PARK, HUNSUR - 571 105. 3. KUMARI ANUSHA THE ASSISTANT CONSERVATOR OF FOREST Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10955-DB CCC No. 274 of 2024 NAGARAHOLE KODAGU - 571 250. 4. MAHAMOOD ZEESHAN THE RANGE FOREST OFFICER OFFICE OF THE RANGE FOREST OFFICER NAGARAHOLE KUTTA POST - 571 250 KODAGU. …ACCUSED 5. STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING BENGALURU - 560 001 REP. BY SECRETARY. ... PROFORMA RESPONDENT (BY SRI NAVEEN CHANDRASHEKAR, 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 INITIATE CONTEMPT PROCEEDINGS AGAINST ACCUSED NOS.1 TO 4 AND PUNISH THEM FOR THEIR WILLFUL AND DELIBERATE DISOBEDIENCE OF THE ORDER DATED 28.11.2023 PASSED BY THE HON'BLE HIGH COURT IN W.P.NO.24657/2023 IN THE INTEREST OF JUSTICE AND EQUITY. 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 - 3 - NC: 2025:KHC:10955-DB CCC No. 274 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE M.I.ARUN) On the ground that the order passed in Writ Petition No.24657 of 2023 has not been complied with, the present contempt petition is filed by the petitioner therein. 2. The complainant filed Writ Petition No.24657 of 2023 with the following prayers: "i. Issue a writ of mandamus directing the Respondents 2 to 5 to remove the encroachment and the bund put by third party across the natural stream near Sy.No.164/2 in Kothur Village which is the part and parcel of Nagarahole National Park and allow the free flow of water; ii. Issue a writ of mandamus directing Respondents 2 to 5 to consider Annexure-B, the representation dated 24.8.2023 given by the petitioner to Respondent No.2, Annexure-B1, the representation dated 24.08.2023 to Respondent No.3, Annexure-B2, the representation dated 23.8.2023 to Respondent No.4 and Annexure-B3 the representation dated 23.08.2023 to Respondent No.5 immediately and take action; iii. Issue any other writ, order or directions as this Hon'ble Court deems fit in the circumstances of the case in the interest of justice and equity." Considering the prayers of the complainant, the following order has been passed in the writ petition: - 4 - NC: 2025:KHC:10955-DB CCC No. 274 of 2024 "6. The respondents shall consider the representations and alleviate the grievance of the petitioner within 3 weeks from the date of receipt of a copy of this order, if not earlier." On the ground that the encroachment has not been removed by the Authorities concerned, the present contempt petition has been filed. 3. Learned Additional Government Advocate appearing for respondents has filed a compliance affidavit dated 20.04.2024 and an additional compliance affidavit dated 17.02.2025, stating that the encroachments have been removed and the representation of the complainant has been considered positively. He prays that the contempt petition be dropped. 4. The complainant however, disputes the submission of the learned Additional Government Advocate and submits that there is only a partial compliance and the entire encroachment has not been removed. 5. The learned Single Judge in Writ Petition No.24657 of 2023 has directed the Authorities concerned to consider the - 5 - NC: 2025:KHC:10955-DB CCC No. 274 of 2024 representations of the complainant in accordance with law and take appropriate action. 6. The learned Additional Government Advocate upon instruction has submitted that encroachment has been removed whereas, the petitioner is submitting that the same is not removed. As the order of the learned Single Judge pertains to considering the representations of the complainant, under the given circumstances, we find that the order has been complied with. 7. For the aforementioned reasons, the contempt petition does not survive and stands disposed of. 8. However, it is clarified that if the complainant has still any grievance, he is at liberty to approach the appropriate forum in the manner known to law. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 10