- 1 - HC-KAR NC: 2025:KHC-D:8274-DB CCC No. 100059 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND CIVIL CONTEMPT PETITION NO.100059 OF 2025 BETWEEN: BASAVANT S/O. RAMU PATIL, AGE. 70 YEARS, OCC. RETIRED EMPLOYEE, R/O. H.NO.II/1192, OPPOSITE DEGREE COLLEGE, BARCHI ROAD, DANDELI, TQ. DANDELI, DIST. UTTAR KANNADA. …COMPLAINANT (BY SRI. D.J. NAIK, ADVOCATE) AND: 1. VIVEK BAANNE, COMMISSIONER, CITY MUNICIPAL COUNCIL DANDELI-581325, TQ. DANELI, DIST. UTTAR KANNADA. …ACCUSED 2. DIRECTOR, MUNICIPAL ADMINISTRATION, VIKAS SOUDHA, BENGALURU-01, THE STATE OF KARNATAKA, REPRESENTED BY AGA, HIGH COURT OF KARNATAKA, DHARWAD. …PROFORMA RESPONDENT (BY SRI. CHETAN MUNNOLI, ADVOCATE FOR A1; SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R2) THIS CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST A-1 ACCUSED FOR THE OFFENCES COMMITTED BY HIM FOR THE DISOBEDIENCE OF THE ORDER DATED 15-07-2024 PASSED BY THE LEARNED SINGLE JUDGE, HIGH COURT OF KARNATAKA BENCH AT DHARWAD IN W.P.NO.103197/2024 (LB-RES), VIDE ANNEXURE-K AND ETC.,. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8274-DB CCC No. 100059 of 2025 THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) Learned counsel for respondent/Commissioner, CMC, Dandeli has filed a counter affidavit on 19.03.2025 while serving a copy of the same on the learned counsel for the petitioner/complainant. 2. It is pointed out from the documents annexed to the counter affidavit that in compliance of the directions issued by the learned Single Judge on 15.07.2024, the Commissioner has passed an order on 30.12.2024 directing that the construction made by the respondent No.4 in the Writ Petition is illegal and unauthorized. Orders have been passed under Section 187(9) of the Karnataka Municipalities Act and the Commissioner has proceeded accordingly against the respondent No.4. It is submitted that the copy of the order dated 30.12.2024 - 3 - HC-KAR NC: 2025:KHC-D:8274-DB CCC No. 100059 of 2025 was forwarded to the petitioner and the petitioner’s mother has received the same on 04.01.2025. Further notice has been issued to respondent No.4 on 06.02.2025 calling upon respondent No.4 to demolish the construction within a period of 15 days from the date of the notice. 3. Learned counsel submits that further action will be taken in accordance with law to demolish the unauthorized structure. 4. At this juncture, learned counsel for the petitioner submits that in the order dated 30.12.2024 the Commissioner has also sought to take action against the building of the petitioner. 5. In this contempt petition, we are not concerned about the building of the petitioner. We are only concerned with the directions issued by the learned Single Judge to the Commissioner to take action against the construction made by the fourth respondent, under the provisions of Section 187 of the Act. Now that the provisional order has - 4 - HC-KAR NC: 2025:KHC-D:8274-DB CCC No. 100059 of 2025 been passed and confirmed, the Commissioner has to proceed to demolish the building in accordance with law. 6. We proceed to close the contempt petition, however granting liberty to the petitioner/complainant to seek revival of the contempt petition if the order passed by the Commissioner is not taken to its logical end. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE NAA CT: UMD List No.: 1 Sl No.: 19