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High Court of Karnataka · body

2025 DAILYLAW 34639 (KAR)

S RAJENDRA v. RAJENDRA

CCC/1164/2023 · 2025-04-16

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:15824-DB CCC No. 1164 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.1164 OF 2023 BETWEEN: 1. S. RAJENDRA, S/O SIDDEGOWDA, AGED 48 YEARS. 2. VANAJAKSHI, W/O LATE VIJAYENDRA, AGED 60 YEARS. 3. PURUSHOTHAMA, S/O LATE VIJAYENDRA, AGED 38 YEARS. 4. SANTHOSH, S/O LATE VIJAYENDRA, AGED 36 YEARS. 5. NETRAVATHI, D/O LATE VIJAYENDRA, AGED 33 YEARS. ALL ARE RESIDING AT NAGENA HALLI VILLAGE, K.R. MILL POST, MYSURU-570 012. …COMPLAINANTS (BY SRI T.A. KARUMBAIAH, ADVOCATE) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15824-DB CCC No. 1164 of 2023 AND: 1. RAJENDRA, THE SPECIAL DEPUTY COMMISSIONER, FOR ACQUISITION FOR HOUSE SITES, MYSURU DISTRICT, MYSURU-570 004. 2. SUSHEELAMMA, THE SECRETARY AND MANAGING DIRECTOR, RAJIV GANDHI HOUSING FEDERATION, CAUVERY BHAVAN, 9TH FLOOR, E AND F BLOCK KEMPE GOWDA ROAD, BENGALURU-560 009. 3. STATE OF KARNATAKA, REVENUE DEPARTMENT, VIKAS SOUDHA, DR. B.R. AMBEDKAR ROAD, BENGALURU-560 001, REPRESENTED BY THE SECRETARY. …ACCUSED (BY SRI PRADEEP C.S., A.A.G., ALONG WITH SMT. NAMITHA MAHESH B.G., A.G.A., FOR R-1 & R3, & SMT. M. SUMANA BALIGA, ADVOCATE, FOR R-2) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST ACCUSED NOS.1 AND 2 FOR WILLFUL AND DELIBERATE DISOBEDIENCE OF THE ORDER DATED 06.03.2023 PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO.24045 OF 2000 (LA-HS) AND PUNISH ACCUSED NOS.1 AND 2 IN ACCORDANCE WITH LAW. THIS CIVIL CONTEMPT PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:15824-DB CCC No. 1164 of 2023 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 has been initiated against the accused for disobedience of the order dated 6-3-2023 passed in Writ Petition No.24045 of 2000 (LA-HS). 2. Sri T.A. Karumbaiah, learned counsel for the complainants, Sri Pradeep C.S., learned Additional Advocate General, along with Smt. Namitha Mahesh, learned Additional Government Advocate for accused Nos.1 and 3, and Ms. Sumana Baliga, learned counsel for accused No.2, are physically present before the Court. 3. Smt. Namitha Mahesh, learned Additional Government Advocate for accused Nos.1 and 3, has filed a memo dated 16-4-2025 stating that the State has preferred Review Petition No.119 of 2025 praying to review the order dated 6-3-2023 passed in Writ Petition No.24045 of 2000 (LA-HS) and an interim order of stay has been granted. Hence, she submits that this contempt petition does not survive for consideration. - 4 - NC: 2025:KHC:15824-DB CCC No. 1164 of 2023 4. Ms. Sumana Baliga, learned counsel for accused No.2, submits that subsequent to the orders passed by the learned Single Judge in Writ Petition No.24045 of 2000 (LA-HS) dated 6-3-2024, the petitioner, i.e. Rajiv Gandhi Housing Corporation, has preferred Writ Petition No.7822 of 2025 praying to rehear the entire Writ Petition No.24045 of 2000, after impleading Rajiv Gandhi Housing Corporation as respondent to the proceedings. 5. Submission of the learned counsel for accused No.2 is taken on record. Keeping in view that Review Petition No.119 of 2025 filed under Order XLVII, Rule 1 read with Section 114 of the Code of Civil Procedure, 1908, preferred by the State is pending consideration, there is no consequence for consideration of this contempt petition to take action against the accused. Accordingly, the contempt petition is hereby dropped. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK/List No.: 1 Sl No.: 21