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2025 DAILYLAW 32459 (KAR)

U N BALAJI v. STATE OF KARNATAKA

CCC/1022/2022 · 2025-02-05

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:5136-DB CCC No. 1022 of 2022 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.1022 OF 2022 BETWEEN: U.N. BALAJI S/O. U.S. NARAYAN RAO AGED ABOUT 73 YEARS R/O. SRINIDHIKRUPA 3RD CROSS, 3RD STAGE VINOBANAGARA SHIVAMOGGA-577 204. …COMPLAINANT (BY SMT. ARUNA BHAT, ADVOCATE FOR SRI G. LAKSHMEESH RAO) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT VIDHANASOUDHA BENGALURU-560 001. 2. N. MANJUSHREE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION 9TH FLOOR, V.V. KENDRA DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001. 3. SRI K. MAYANNA GOWDA, KAS., COMMISSIONER SHIVAMOGGA MUNICIPAL Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5136-DB CCC No. 1022 of 2022 CORPORATION SHIVAMOGGA SHIVAMOGGA-577 201. …ACCUSED (BY SMT. NAMITHA MAHESH B.G., AGA FOR A-1 AND A-2; SRI ASHWIN S. HALADY, ADVOCATE FOR A-3) * * * THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO TRY THE ACCUSED FOR CONTEMPT OF COURT FOR WILFULLY DISOBEYING THE ORDER DATED 14.7.2021 IN WRIT PETITION NO.32655 OF 2015 AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW. 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 proceeding has been initiated by the complainant against the respondents/accused for seeking implementation of the order dated 14.07.2021 passed by the learned Single Judge in W.P.No.32655/2015 (LB-RES) vide Annexure-A. - 3 - NC: 2025:KHC:5136-DB CCC No. 1022 of 2022 2. Smt. Aruna Bhat, representing Sri. G. Lakshmeesha Rao, learned counsel appearing for the complainant, Smt. Namitha Mahesh B.G., learned Addl. Government Advocate appearing for proforma respondent and accused No.2 and Sri. Ashwin S. Halady., learned counsel appearing for accused No.3 are present before the Court physically. 3. Learned counsel for respondent/accused No.3 submits to consider the compliance affidavit dated 05.02.2025 filed by Dr. Kavitha Yogappanavar, who is the Commissioner, Shivamogga Municipal Corporation, Shivamogga on behalf of respondent/accused No.3 - Shivamogga Municipal Corporation along with Annexure-R1, which is the true copy of the order dated 14.07.2021 in W.P.No.32655/2015 and Annexure-R2, which is the true copy of the registration document. 4. However, this compliance affidavit is a notarized affidavit. But the advocate identifying the party has not signed the same. 5. Keeping in view the submission made by learned counsel for the parties, it is deemed appropriate that the compliance affidavit be taken on record. - 4 - NC: 2025:KHC:5136-DB CCC No. 1022 of 2022 Accordingly, the contempt proceeding is hereby dropped. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 6