- 1 - HC-KAR NC: 2025:KHC-D:16284-DB CCC No. 100202 of 2025 C/W CCC No. 100201 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. CIVIL CONTEMPT PETITION NO. 100202 OF 2025 C/W CIVIL CONTEMPT PETITION NO. 100201 OF 2025 IN CCC NO.100202/2025 BETWEEN: SRI GUNADHAR S/O. APPASAHEB SAGARE AGED ABOUT 78 YEARS, OCC. BUSINESS, NOT CLAIMING SR. CITIZEN BENEFIT, R/O. CHINCHALI, TQ. RAIBAG DIST. BELAGAVI-590001. …COMPLAINANT (BY SRI RAMACHANDRA A. MALI, ADVOCATE) AND: 1. SRI MOHAMMAD ROSHAN IAS DY. COMMISSIONER, BELAGAVI DISTRICT BELAGAVI-590001. 2. SRI VENKATESH BALLARI CHIEF OFFICER TOWN PANCHAYAT CHINCHALI, TQ. RAIBAG DIST. BELAGAVI-590001. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.27 11:15:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16284-DB CCC No. 100202 of 2025 C/W CCC No. 100201 of 2025 3. STATE OF KARNATAKA REPRESENTED BY ADDL. ADVOCATE GENERAL OFFICE, HIGH COURT OF KARNATAKA DHARWAD-580001. …ACCUSED (BY SRI SANTHOSH B. RAWOOT, ADVOCATE FOR ACCUSED NO.2; SRI GANGADHAR J.M. AAG FOR SRI SHARAD V. MAGADUM, AGA FOR ACCUSED NOS.1 AND 3) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO, INITIATE THE APPROPRIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED/CONTEMNORS HEREIN FOR WILLFUL INTENTIONAL AND DELIBERATE DISOBEDIENCE AND VIOLATION OF THE ORDER DATED. 20-06-2022 MADE IN W.P. NO. 103709/2021 (LB-RES) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AS WELL AS ORDER DATED.09-04-2025 MADE IN W.A. NO.100528/2022 (LB-RES) AMOUNTING TO GROSS CONTEMPT OF THIS HON’BLE COURT AND ACCORDINGLY TRY AND PUNISH THE ACCUSED IN ACCORDANCE WITH THE LAW AND ALSO IMPOSE EXEMPLARY COSTS FOR THE ARBITRARY AND ILLEGAL INACTION ON THE PART OF THE ACCUSED AUTHORITY IN THE INTEREST OF JUSTICE AND EQUITY. IN CCC NO.100201/2025 BETWEEN: SRI JITENDRA SHIVAJI SOUDALAGI AGE: 33 YEARS, OCC. BUSINESS, R/O. CHINCHALI, TQ. RAIBAG, DIST. BELAGAVI-590001. …COMPLAINANT (BY SRI RAMACHANDRA A. MALI, ADVOCATE) AND: 1. SRI MOHAMMAD ROSHAN IAS DEPUTY COMMISSIONER, BELAGAVI DIST. BELAGAVI-590001. - 3 - HC-KAR NC: 2025:KHC-D:16284-DB CCC No. 100202 of 2025 C/W CCC No. 100201 of 2025 2. SRI VENKATESH BALLARI CHEIF OFFICER, TOWN PANCHAYAT CHINCHALI, TQ. RAIBAG DIST. BELAGAVI-590001. 3. STATE OF KARNATAKA REPRESENTED BY ADDL. ADVOCATE GENERAL OFFICE HIGH COURT OF KARNATAKA DHARWAD-580001. …ACCUSED (BY SRI SANTHOSH B. RAWOOT, ADVOCATE FOR ACCUSED NO.2; SRI GANGADHAR J.M. AAG FOR SRI SHARAD V. MAGADUM, AGA FOR ACCUSED NOS.1 AND 3) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO, INITIATE THE APPROPRIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED/CONTEMNORS HEREIN FOR WILLFUL, INTENTIONAL AND DELIBERATE DISOBEDIENCE AND VIOLATION OF THE ORDER DATED. 20-06-2022 MADE IN W.P. NO.103054/2021 (LB-RES) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT VIDE ANNEXURE-D AS WELL AS ORDER DATED. 09-04-2025 PASSED IN W.A. NO.100529/2022 (LB-RES) VIDE ANNEXURE-E AMOUNTING TO GROSS CONTEMPT OF THIS HON’BLE COURT AND ACCORDINGLY TRY AND PUNISH THE ACCUSED IN ACCORDANCE WITH THE LAW IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 4 - HC-KAR NC: 2025:KHC-D:16284-DB CCC No. 100202 of 2025 C/W CCC No. 100201 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Learned AAG Sri.Gangadhar J.M. would submit that the property is assessed in terms of document No.1. Further, he submits that there is miscalculation in imposing penalty. Therefore, he seeks liberty to withdraw the said assessment in terms of document No.1 and to issue a fresh assessment order and consequential penalty and demand. In view of the assessment of property tax in terms of Document No.1, we are of the considered opinion that there is substantial compliance of the order passed by this Court. 2. Learned AAG would submit that the Municipality would issue fresh assessment and penalty order. His submission is placed on record. 3. Learned counsel Sri.Ramachandra A. Mali for complainant would submit that the petitioner would pay the demand including property tax as well as penalty under protest and he seeks liberty to avail remedy available under the Karnataka Municipalities Act, 1964 against the - 5 - HC-KAR NC: 2025:KHC-D:16284-DB CCC No. 100202 of 2025 C/W CCC No. 100201 of 2025 assessment and levy of penalty. The submission of the learned counsel for complainant appears to be reasonable. On payment of property tax as well as the penalty, it is open for the complainant to avail remedy as available under the Karnataka Municipalities Act, 1964. 4. The Chief officer of Town Panchayath, Chinchali village is present before the Court and he undertakes that the property tax assessment extract would be furnished to the complainant within a week from the date of application. With the above, the contempt petitions are dropped. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB Ct-cmu LIST NO.: 1 SL NO.: 13