- 1 - NC: 2025:KHC:5135-DB CCC No. 393 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.393 OF 2023 BETWEEN: 1. M. MONOHAR S/O. MANIYAN AGE ABOUT 58 YEARS R/AT NO.299, 5TH CROSS DAYANANDANAGAR BENGALURU - 560 021. 2. J. H. RUDRAPPA S/O. J. H. HONNAIAH AGED ABOUT 59 YEARS R/AT NO.26, 15TH CROSS ROAD VAYALIKAVAL MALLESHWARAM BENGALURU - 560 003. 3. CHANDRAPPA S/O. LATE JAVARAPPA AGED ABOUT 53 YEARS R/AT NO.2409, 10TH MAIN 'E' BLOCK, 2ND STAGE, RAJAJINAGAR BENGALURU - 566 010. COMPLAINANTS (BY MS. NIVEDITHA, ADVOCATE FOR; SRI VIJETHA R. NAIK, ADVOCATE) AND: 1. TUSHAR GIRINATH THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N. R. SQUARE, NEAR HUDSON CIRCLE BENGALURU - 560 002. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5135-DB CCC No. 393 of 2023 2. GANGADHAR THE EXECUTIVE ENGINEER, BBMP GANDHINAGAR, BHASHAYAM PARK SOUTH CENTRAL STREET BENGALURU - 560 010 3. B. S. JAYASHANKAR THE EXECUTIVE ENGINEER, BBMP MALLESHWARAM DIVISION BHASHYAM PARK SOUTH CENTRAL STREET BENGALURU - 560 001. …ACCUSEDS (BY SRI S. H. PRASHANTH, ADVOCATE FOR A1 TO A3) * * * THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN HE PRAYS TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER PASSED BY THIS HON'BLE COURT IN WP NO.40447/2017 C/W WP.NO.30717/2018, WP NO.11090/2022 AND WP NO.11143/2022 DATED 16-01-2023 AS PER THE ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW. THIS CIVIL CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T - 3 - NC: 2025:KHC:5135-DB CCC No. 393 of 2023 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceeding has been initiated by the complainants against the respondents/accused for seeking implementation of the order dated 16.01.2023, passed by the learned Single Judge in W.P.Nos.40447/2017 connected with W.P.Nos.30717/2018, 11090/2022 and 11143/2022 vide Annexure-A. 2. Ms. Niveditha, learned counsel representing Ms. Vijetha R. Naik., learned counsel for the complainants, is present before the Court physically and submits that the copy of the compliance Affidavit has been furnished to her today. 3. The compliance affidavit has been filed by respondent/accused No.2 - Gangadhar R, who is Executive Engineer, BBMP, Gandhi Nagar Division, Bengaluru, which indicates that in pursuance of the order dated 16.01.2023, passed in W.P.No.30717/2018, the representation filed by the complainants were considered. In the report of the Committee, it is noticed that the works executed by the complainants were tainted with irregularities, fraud and connivance. As the complainants' names are found in the enquiry report, the - 4 - NC: 2025:KHC:5135-DB CCC No. 393 of 2023 payment cannot be made as sought for by the complainants and the same is rejected. An endorsement dated 09.07.2024 along with the English translation to this effect was also sent to the complainants, while initiating this contempt proceeding against the respondents/accused. 4. Keeping in view the submission made by learned counsel for the respondent/accused No.1 and also the compliance affidavit, it is deemed appropriate that this contempt proceeding does not survive for consideration. Accordingly, the contempt proceeding is hereby dropped. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 8