- 1 - NC: 2025:KHC:5573-DB CCC No. 1114 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH 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. 1114 OF 2022 BETWEEN: SRI CHANDRASHEKAR AGED ABOUT 54 YEARS S/O LAWTE SHIVA RAM RA/T NO.172 OPP. VASUDHA BHAVAN TEACHER S COLONY BSK I-STAGE BENGALURU 560 078. …COMPLAINANT (BY SRI. K K VASANTH - ADVOCATE) AND: 1. SRI G KUMAR NAIK THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARAPARK WEST BENGALURU-560020. 2. SRI. N. CHIDANANDA THE DEPUTY SECRETARY-3 BENGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARAPARK WEST BENGALURU-560020. …ACCUSED (BY SRI. .B VACHAN - ADVOCATE) Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5573-DB CCC No. 1114 of 2022 THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA, R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971 PRAYING TO SUMMON, PROSECUTE AND PUNISH THE ACCUSED HEREIN FOR DELIBERATE AND WILLFUL DISOBEDIENCE OF THE ORDER DATED 03.03.2020 PASSED IN W.P.NO.39344/2016 (BDA) BY THIS HON’BLE COURT. 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 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt petition is initiated by the complainant against respondents/accused for willful disobedience of the order passed by the learned single Judge in W.P.No.39344/2016 dated 03.03.2020. 2. Learned counsel Sri K.K.Vasanth for the complainant is present before the Court physically inclusive of Sri B.Vachan for accused Nos.1 and 2. - 3 - NC: 2025:KHC:5573-DB CCC No. 1114 of 2022 3. Learned counsel for accused Nos.1 and 2 submits that against the order passed by the learned single Judge, an appeal is filed in W.A.No.106/2023 and the same is pending consideration. This submission is placed on record. 4. However, in a given peculiar facts and circumstances of the case and also observation made in the order passed by a co-ordinate Bench of this Court in CCC.No.1237/2022 (Civil) dated 26.03.2023 wherein it indicates that 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 since the order passed by the learned Single Judge in W.P.No.39344/2016 has merged with the proceedings in W.A.No.106/2023 which is pending consideration. However, appeal is nothing but of continuity of proceedings and it requires revisiting the impugned order. Therefore, keeping in view Section 2(b) and Sections 11 and 12 of the Contempt of Courts Act inclusive of Article 215 of Constitution of India, this - 4 - NC: 2025:KHC:5573-DB CCC No. 1114 of 2022 contempt proceeding does not survive for consideration. Accordingly, the contempt proceeding is hereby dropped. However, liberty is granted as sought for in accordance with law. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE DKB