SHRI. JUNAID S/O IMTIYAZ AHMED SAMSI v. SMT. DEEPA CHOLAN
CCC/100256/2025 · 2025-10-28
Geetha K B, S G Pandit
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 38530 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38530 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14413-DB CCC No. 100256 of 2025 C/W CCC No. 100272 of 2025 AND 4 OTHERS
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
CIVIL CONTEMPT PETITION NO.100256 OF 2025 C/W CIVIL CONTEMPT PETITION NO.100272 OF 2025 CIVIL CONTEMPT PETITION NO.100274 OF 2025 CIVIL CONTEMPT PETITION NO.100275 OF 2025 CIVIL CONTEMPT PETITION NO.100276 OF 2025 CIVIL CONTEMPT PETITION NO.100277 OF 2025
IN CCC NO.100256/2025:
BETWEEN:
SHRI. JUNAID, S/O IMTIYAZ AHMED SAMSI AGE. 30 YEARS, OCC. BUSINESS, R/AT. MANNAT CITY PARK, SHABARI NAGAR, KUSUGAL ROAD, TQ. HUBBALLI, DIST. DHARWAD 580023. …COMPLAINANT (BY SRI. R.H. ANGADI, ADVOCATE)
AND:
1. SMT. DEEPA CHOLAN, THE STATE OF KARNATAKA, R/BY ITS SECRETARY, URBAN DEVELOPMENT AUTHORITY, M.S. BUILDING, VIDHANA SOUDHA, BENGALURU 560001. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
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HC-KAR NC: 2025:KHC-D:14413-DB CCC No. 100256 of 2025 C/W CCC No. 100272 of 2025 AND 4 OTHERS
2. SMT. DIVYA PRABHU, AGE. 38 YEARS, THE DEPUTY COMMISSIONER, DHARWAD, DC COMPOUND, DHARWAD 580001. …ACCUSED
3. THE STATE OF KARNATAKA, R/BY AAG DHARWAD BENCH. …PROFORMA RESPONDENT
(BY SRI. GANGADHAR J.M., AAG FOR SRI. SHARAD V. MAGADUM, AGA FOR ACCUSED/RESPONDENT)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO PUNISH THE ACCUSED FOR WILFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS HON’BLE COURT ORDER DATED 23.01.2024 IN WP NO.100460/2024 AS PER ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY & ETC. IN CCC NO. 100272/2025:
BETWEEN:
SHRI. JAYYED AHMED, S/O IMITYAZ AHMED SAMSI, AGE. 27 YEARS, OCC. BUSINESS, R/AT MANNAT, CITY PARK, SHABARI NAGAR, KUSUGAL ROAD, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580023. ...COMPLAINANT (BY SRI. R.H. ANGADI, ADVOCATE)
AND:
1. SMT. DEEPA CHOLAN THE STATE OF KARNATAKA, R/BY ITS SECRETARY, URBAN DEVELOPMENT AUTHORITY,
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HC-KAR NC: 2025:KHC-D:14413-DB CCC No. 100256 of 2025 C/W CCC No. 100272 of 2025 AND 4 OTHERS
M.S. BUILDING, VIDHANA SOUDHA, BENGALURU-560001. 2. SMT. DIVYA PRABHU AGE. 38 YEARS, THE DEPUTY COMMISSIONER, DHARWAD, DC COMPOUND, DHARWAD-580001. …ACCUSED
3. THE STATE OF KARNATAKA, THE ADDITIONAL ADVOCATE GENERAL, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …PROFORMA RESPONDENT
(BY SRI. GANGADHAR J.M., AAG FOR SRI.
SHARAD V. MAGADUM, AGA FOR ACCUSED/RESPONDENT)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO PUNISH THE ACCUSED FOR WILFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS HON’BLE COURT ORDER DATED 23-01-2024 IN WP NO.100442/2024 AS PER ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY & ETC. IN CCC NO. 100274/2025:
BETWEEN:
SHRI. MOHAMMAD ISMAIL, S/O. KASHIMSAB SAMSI, AGE. 66 YEARS, OCC. BUSINESS, R/AT MANNAT, CITY PARK, SHABARI NAGAR, KUSUGAL ROAD, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580023. ...COMPLAINANT (BY SRI. R.H. ANGADI, ADVOCATE)
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HC-KAR NC: 2025:KHC-D:14413-DB CCC No. 100256 of 2025 C/W CCC No. 100272 of 2025 AND 4 OTHERS
AND:
1. SMT. DEEPA CHOLAN, THE STATE OF KARNATAKA, R/BY ITS SECRETARY, URBAN DEVELOPMENT AUTHORITY, M.S. BUILDING, VIDHANA SOUDHA, BENGALURU-560001. 2. SMT. DIVYA PRABHU AGE. 38 YEARS, THE DEPUTY COMMISSIONER, DHARWAD, D.C. COMPOUND, DHARWAD-580001. …ACCUSED
3. THE STATE OF KARNATAKA, THE ADDITIONAL ADVOCATE GENERAL, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …PROFORMA RESPONDENT
(BY SRI. GANGADHAR J.M., AAG FOR SRI. SHARAD V. MAGADUM, AGA FOR ACCUSED/RESPONDENT)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO PUNISH THE ACCUSED FOR WILFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS HON’BLE COURT ORDER DATED 23.01.2024 IN WP NO.100452/2024 AS PER ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY & ETC. IN CCC NO. 100275/2025:
BETWEEN:
SMT. REHANA, D/O. IMTIYAZ AHMED SAMSI AGE. 51 YEARS, OCC. BUSINESS, R/AT MANNAT, CITY PARK, SHABARI NAGAR, KUSUGAL ROAD, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580023. …COMPLAINANT
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HC-KAR NC: 2025:KHC-D:14413-DB CCC No. 100256 of 2025 C/W CCC No. 100272 of 2025 AND 4 OTHERS
(BY SRI. R.H. ANGADI, ADVOCATE)
AND:
1. SMT. DEEPA CHOLAN, THE STATE OF KARNATAKA, R/BY ITS SECRETARY, URBAN DEVELOPMENT AUTHORITY, M.S. BUILDING, VIDHANA SOUDHA, BENGALURU-560001. 2. SMT. DIVYA PRABHU AGE. 38 YEARS, THE DEPUTY COMMISSIONER, DHARWAD, D.C. COMPOUND, DHARWAD-580001. …ACCUSED
3.
THE STATE OF KARNATAKA, THE ADDITIONAL ADVOCATE GENERAL, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. ... PROFORMA RESPONDENT (BY SRI. GANGADHAR J.M., AAG FOR SRI. SHARAD V. MAGADUM, AGA FOR ACCUSED/RESPONDENT)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO PUNISH THE ACCUSED FOR WILFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS HON’BLE COURT ORDER DATED 23.01.2024 IN WP NO.100440/2024 AS PER ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY & ETC. IN CCC NO. 100276/2025:
BETWEEN:
SMT. NOORJAHAN MOHAMMADSHARIF CHAMUNDI, AGE. 71 YEARS, OCC. BUSINESS, R/AT MANNAT, CITY PARK, SHABARI NAGAR, KUSUGAL ROAD, HUBBALLI, TQ. HUBBALLI. PRESENTLY RESIDING AT #B1, CITY AVENUE APARTMENT,
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HC-KAR NC: 2025:KHC-D:14413-DB CCC No. 100256 of 2025 C/W CCC No. 100272 of 2025 AND 4 OTHERS
WALVEKAR PLOT, KESHWAPUR, HUBBALLI, DIST. DHARWAD-580023. ...COMPLAINANT (BY SRI. R.H. ANGADI, ADVOCATE)
AND:
1. SMT. DEEPA CHOLAN, THE STATE OF KARNATAKA, R/BY ITS SECRETARY, URBAN DEVELOPMENT AUTHORITY, M.S. BUILDING, VIDHANA SOUDHA, BENGALURU-560001. 2. SMT. DIVYA PRABHU AGE. 38 YEARS, THE DEPUTY COMMISSIONER, DHARWAD, D.C. COMPOUND, DHARWAD-580001. …ACCUSED
3. THE ADDITIONAL ADVOCATE GENERAL, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. ... PROFORMA RESPONDENT
(BY SRI. GANGADHAR J.M., AAG FOR SRI. SHARAD V. MAGADUM, AGA FOR ACCUSED/RESPONDENT)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO PUNISH THE ACCUSED FOR WILFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS HON’BLE COURT ORDER DATED 23.01.2024 IN WP NO.100436/2024 AS PER ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY & ETC. IN CCC NO. 100277/2025: BETWEEN:
SHRI. IRFAN AHMED, S/O. KASHIMSAB SAMSI AGE. 58 YEARS, OCC. BUSINESS,
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HC-KAR NC: 2025:KHC-D:14413-DB CCC No. 100256 of 2025 C/W CCC No. 100272 of 2025 AND 4 OTHERS
R/AT MANNAT, CITY PARK, SHABARI NAGAR, KUSUGAL ROAD, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580023. ...COMPLAINANT (BY SRI. R.H. ANGADI, ADVOCATE)
AND:
1. SMT.
DEEPA CHOLAN, THE STATE OF KARNATAKA, R/BY ITS SECRETARY, URBAN DEVELOPMENT AUTHORITY, M.S. BUILDING, VIDHANA SOUDHA, BENGALURU-560001. 2. SMT. DIVYA PRABHU AGE. 38 YEARS, THE DEPUTY COMMISSIONER, DHARWAD, D.C. COMPOUND, DHARWAD-580001. …ACCUSED
3. THE ADDITIONAL ADVOCATE GENERAL, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. ... PROFORMA RESPONDENT
(BY SRI. GANGADHAR J.M., AAG FOR SRI. SHARAD V. MAGADUM, AGA FOR ACCUSED/RESPONDENT)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO PUNISH THE ACCUSED FOR WILFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS HON’BLE COURT ORDER DATED 23-01-2024 IN WP NO.100459/2024 AS PER ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THESE CONTEMPT PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:14413-DB CCC No. 100256 of 2025 C/W CCC No. 100272 of 2025 AND 4 OTHERS
CORAM:
THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
The above batch of contempt petitions are filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 complaining disobedience of the order dated 23.01.2024 passed in different writ petitions, whereunder the learned Single Judge passed identical order which reads as follows:
“6. In view of the law laid down by this Court in the aforesaid case, it is held that there is no requirement for the petitioner to seek permission to divert the land in question for the residential purposes, and the land is deemed to have been converted for the purposes for which it is reserved in the master plan published by the Planning Authority. Therefore, the requirement of seeking permission to divert the land in question for the residential purposes is not necessary. With this observation, the writ petition stands disposed off.”
2. Against the said order of the learned Single Judge, the State preferred writ appeals and the writ appeals were dismissed by judgment dated 12.02.2025. In an identical case, the State had preferred a petition before the Hon’ble Apex Court in Special Leave Petition (Civil) Diary No.48986/2025. The Hon’ble Apex Court, by order dated 22.09.2025, dismissed the special leave petition.
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HC-KAR NC: 2025:KHC-D:14413-DB CCC No. 100256 of 2025 C/W CCC No. 100272 of 2025 AND 4 OTHERS
3. Today, the learned Additional Advocate General, Sri. Gangadhar J.M., files an affidavit dated 27.10.2025 of the Deputy Commissioner, Dharwad District, Dharwad, enclosing Official Memorandums, all dated 27.10.2025, in respect of various survey numbers of the complainant granting conversion under Section 95 of the Karnataka Land Revenue Act, 1964.
4.
Learned counsel, Sri. R.H.Angadi appearing for the complainants submits that there is compliance of the directions issued by this Court.
5. Taking note of the aforesaid submissions as well as on going through the affidavit of the accused and the official memorandums dated 27.10.2025, we are satisfied that there is substantial compliance of the order of this Court. Hence, further contempt proceedings are dropped.
Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 2