- 1 - HC-KAR NC: 2025:KHC:29059-DB CCC No. 56 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K CIVIL CONTEMPT PETITION NO. 56 OF 2023 BETWEEN: 1. SRI HANUMAIAH S/O LATE DODDAKEMPAIAH, AGED 71 YEARS, 2. SRI CHANDRAPPA S/O LATE SAMPANGAIAH, AGED ABOUT 47 YEARS, 3. SRI BALAKRISHNA S S/O LATE SAMPANGAIAH, AGED ABOUT 51 YEARS, ALL ARE RESIDENTS OF SALUNSE VILLAGE, UDAYAPURA POST, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 082 …COMPLAINANTS (BY SRI. M SHIVAPRAKASH, ADVOCATE) AND: 1. SRI DAYANANDA K.A THE DEPUTY COMMISSIONER Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29059-DB CCC No. 56 of 2023 BANGALORE URBAN DISTRICT KANDAYA BHAVAN BANGALORE-560 009 2. SRI. RAM LAKSHMAN THE TAHASILDAR BANGALORE SOUTH TALUK, BANGALORE-560 009 3. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY REVENUE DEPARTMENT VUIDHANA SOUDHA BANGALORE- 560 001 …ACCUSED (BY SMT. MAMATHA SHETTY, AGA) THIS CCC IS FILED UNDER SECTIONS 10 AND 12 OF THE CONTEMPT OF COURTS ACT, 1961, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NO.1 AND 2 AND PUNISH THE WILFUL DISOBEDIENCE AND NON- COMPLIANCE OF THE ORDER PASSED BY THIS HON'BLE COURT IN WP 23365/2021 (KLR-RES) DATED 3.1.2022. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:29059-DB CCC No. 56 of 2023 ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) This contempt proceeding is initiated for the willful disobedience of the order passed by the Co-ordinate Bench of this Court in Writ Petition No.23365/2021 dated 03.01.2022. The Co-ordinate Bench of this Court in paragraph No.5 has observed as under, "5. Be that as it may. It is for the Authorities concerned to ensure that any road that has been constructed shall be motorable and usable for the public at large and in case, any road is encroached, the Authorities shall take appropriate steps for removal of the encroachment and ensure that the public road is made motorable and usable for the public." 2. The learned Additional Government Advocate filed the compliance affidavit dated 20.08.2024, wherein, in paragraph 3, it is stated as under, "3. It is respectfully submitted that in furtherance of the above said direction necessary action has been taken by the Office of the Tahsildar, Bengaluru South Taluk. In this regard, it is respectfully submitted that a report was sought for from the Revenue Inspector, Kaggalipura Circle, Bengaluru South Taluk, with respect to the subject matter road and as to whether there has been any encroachment of the same by private persons. Subsequently, on - 4 - HC-KAR NC: 2025:KHC:29059-DB CCC No. 56 of 2023 27.10.2023, as report was provided by the Revenue Inspector of Kaggalipura to the office of the Tahsildar, Bengaluru South Taluk, attesting to the fact that there was no encroachment on the subject matter road. Additionally, Taluk map pertaining to the subject matter road was also sought for from the Surveyor, Uttarahalli Hobli, Bengaluru South Taluk, to verify the contours of the subject matter road. Based upon this consideration, the office of the Tahsildar issued an endorsement to the Complainant on 27.10.2023, affirming that there was no encroachment on the subject matter land. Further, on 27.10.2023 itself, the office of the Tahsildar also sent a letter to the Office of the Deputy Commissioner, Bengaluru Urban District, with a request to designate and allocate the subject matter road for the public utility purpose. Copies of the report of the Revenue Inspector, Kaggalipura Circle dated 27.10.2023, Endorsement issued to the Complainant dated 27.10.2023 and copy of the letter sent to the office of the Deputy Commissioner dated 27.10.2023 are annexed herewith as ANNEXURES R1, R2 AND R3 respectively." 3. Today, learned Additional Government Advocate also files a memo along with sketch of the property and submits that in respect of survey No.195 of Kaggarahalli Village Uttarahalli Hobli, Bengaluru South Taluk, there is no encroachment as alleged by the complainant. 4. We have perused the compliance affidavit and also the sketch. - 5 - HC-KAR NC: 2025:KHC:29059-DB CCC No. 56 of 2023 5. There is no representation for the complainant. 6. However, by considering the compliance affidavit and the documents placed before us by the respondents, we are of the view that this contempt petition does not survive for further consideration. Accordingly, the contempt petition is closed. Notice is discharged. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 54