- 1 - NC: 2025:KHC:3753-DB CCC No. 502 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 502 OF 2023 BETWEEN: VINAYAKA EDUCATIONAL TRUST A REGISTERED PUBLIC CHARITABLE TRUST HAVING ITS REGISTERED OFFICE AT NO.1, 1ST MAIN ROAD THOMAS BUILDING, J.C NAGARA BENGALURU-5600886 REP. HEREIN BY ITS GENERAL SECRETARY AND DULY AUTHORIZED REPRESENTATIVE MR. B. SURESH AGED 46 YEARS S/O BORAIAH. …COMPLAINANT (BY SRI. DEVAYYA I S – ADVOCATE FOR SRI. DEVARAJ K. S- ADVOCATE) AND: 1. MR. TUSHAR GIRINATH COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE BBMP HEAD OFFICE PREMISED NR SQUARE, BENGALURU-560002. 2. MR. DHANANJAY ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE (OLD WARD NO.13), NEW WARD NO. 68, GAYATRINAGARA RANGE Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3753-DB CCC No. 502 of 2023 SHANKARA MUTT, WEST OF CHORD ROAD II STAGE, MAHALAKSHMIPURAM BENGALURU. 3. MR. SRI G. KUMAR NAIK COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST T. CHOWDAIAH ROAD BENGALURU-560020. …ACCUSED (BY SMT. LATHA – ADVOCATE FOR SRI. MURUGESH V CHARATI – ADVOCATE FOR ACCUSED NO.3; SRI. SANJEEV B L – ADVOCATE FOR ACCUSED NOS.1 & 2) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURTS ACT,1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO; PROSECUTE AND PUNISH THE ACCUSED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 FOR WILFULLY DISOBEYING THE ORDER DATED 23.11.2022 (ANNEXURE-A) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN WRIT PETITION NO.10047/2019(BDA). THIS CCC, 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:3753-DB CCC No. 502 of 2023 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This Contempt proceeding is initiated by the complainant in view of non-compliance of the order dated 23.11.2022 passed by a learned Single Judge of this Court in W.P.No.10047/2019. 2. Learned counsel Shri Devaraj K.S. appears through video conferencing and represents the learned counsel Shri I.S. Devayya who is on record for the complainant. Learned counsel Shri Sanjeev B.L for Accused nos.1 and 2 is present before Court physically inclusive of the learned counsel Smt. Latha for the learned counsel Shri Murugesh V. Charati for Accused No.3. 3. Learned counsel for Accused Nos.1 and 2 submits that the proceeding in W.A.No.206/2023 has been initiated by the BBMP against the order dated 23.11.2022 passed by the learned Single Judge in W.P.No.10047/2019, which is pending consideration before a Division Bench of this Court. Therefore, he submits that this Contempt proceeding does not survive for - 4 - NC: 2025:KHC:3753-DB CCC No. 502 of 2023 consideration keeping in view the fact that the writ appeal is pending consideration. 4. Therefore, the contempt petition is hereby dropped as the same does not survive for consideration. 5. In view of the submission of the learned counsel for the complainant, liberty is granted to the complainant to proceed with the matter, in accordance with law. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE KS