- 1 - NC: 2025:KHC:963-DB CCC No. 636 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH 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.636 OF 2022 BETWEEN: THE KARNATAKA STATE BOARD OF WAKFS NO.6, CUNNINGHAM ROAD BENGALURU-560 052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER MR. KHAN PARVEZ AGED ABOUT 53 YEARS. …COMPLAINANT (BY SRI ANAND KUMAR M., ADVOCATE) AND: 1. MR. DAYANANDA K.A. THE THEN DEPUTY COMMISSIONER BENGALURU NORTH DIVISION BEHIND KANDAYA BHAVAN K.G. ROAD BENGALURU-560 032. 2. MR. SANGAPPA THE DEPUTY COMMISSIONER BENGALURU NORTH DIVISION BENGALURU-560 032. 3. MR. A. NOORULLA S/O. LATE MR. AMEER PASHA AGED ABOUT 54 YEARS. 4. MR. AMANULLA S/O. LATE MR. AMEER PASHA AGED ABOUT 53 YEARS. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:963-DB CCC No. 636 of 2022 5. MR. MOHAMMED SANAULLA S/O. LATE MR. AMEER PASHA AGED ABOUT 50 YEARS. 6. MR. SAMIULLA S/O. LATE MR. AMEER PASHA AGED ABOUT 46 YEARS. 7. MRS. ZAMRUDH D/O. LATE MR. AMEER PASHA AGED ABOUT 58 YEARS. 8. MRS. SHAHAJAN D/O. LATE MR. AMEER PASHA AGED ABOUT 57 YEARS. 9. MRS. SHAKEERA D/O. LATE MR. AMEER PASHA AGED ABOUT 56 YEARS. 10. MRS. SHAHINA D/O. LATE MR. AMEER PASHA AGED ABOUT 55 YEARS. ACCUSED NOS.3 TO 10 ARE RESIDING AT #291 HALSAHALLI ROAD VARTHUR, VARTHUR HOBLI BENGALURU EAST-560 087. 11. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU-560 001. …ACCUSED (BY SMT. NAMITHA MAHESH B.G., A.G.A., FOR A-1 & A-2; SMT. SOUMYASHREE, ADVOCATE, FOR SRI R.V. SRINIVAS REDDY FOR A-3 & A-5 TO A-10, & A-4 IS SERVED AND UNREPRESENTED) * * * - 3 - NC: 2025:KHC:963-DB CCC No. 636 of 2022 THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO PUNISH THE ACCUSED FOR WILLFULLY DISOBEYING THE INTERIM ORDERS OF THIS HON'BLE COURT DATED 5-10-2021 PASSED IN WRIT PETITION NO.17906 OF 2021 AS PER ANNEXURE-A. THIS CIVIL CONTEMPT PETITION IS 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 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceedings has been initiated against the interim order dated 5-10-2021 passed by a learned Single Judge in Writ Petition No.17906 of 2021. 2. Sri Anand Kumar M., learned counsel for the complainant, Smt. Namitha Mahesh B.G., learned Additional Government Advocate for accused Nos.1 and 2, and Smt. Soumyashree, learned counsel representing Sri R.V. Srinivasa Reddy, learned counsel for accused Nos.3 and 5 to 10, are physically present before the Court. 3. On going through the order, it is evident that thereby ad-interim relief is granted against operation and execution of - 4 - NC: 2025:KHC:963-DB CCC No. 636 of 2022 the order dated 23-7-2021 passed by the Land Tribunal, Bengaluru North Taluk, Bengaluru. The breach of the aforesaid order is alleged. The proceedings of the main writ petition are pending. 4. A Co-ordinate Bench of this Court in CCC No.1237 of 2023 (CIVIL) dated 26-3-2024, at paragraph Nos.3 to 5, has observed as under: "3. When the order is an interim order, by its very nature it does not determine rights of the parties finally. There are no trappings of finality in the order. In the aforesaid view, this Court is not inclined to entertain the contempt petition and it is not persuaded to exercise the power of contempt under the Contempt of Courts Act, 1971. 4. It will be open for the complainant to raise all contentions and work out its rights and remedies in the main proceedings in accordance with law. 5. Accordingly, the contempt petition stands disposed of as not entertained." 5. Considering that the main writ petition is still pending before this Court and in the light of the judgment of the Co-ordinate Bench cited above, this Court is not inclined to - 5 - NC: 2025:KHC:963-DB CCC No. 636 of 2022 entertain this contempt petition. Accordingly, the contempt petition is disposed of as not entertained. 6. At this stage, Sri Anand Kumar M., learned counsel for the complainant, seeks liberty to approach the Court, if need arises. Liberty, as sought for, is granted. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 6