- 1 - NC: 2025:KHC-D:3697-DB CCC No. 100385 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CIVIL CONTEMPT PETITION NO. 100385 OF 2024 BETWEEN: 1. SMT BHARATI W/O. SIDDANNA NALAWAD, AGE: 48 YEARS, OCC: HOUSE WIFE, R/O. KOPPAL TQ AND DISTRICT: KOPPAL-583231. 2. RAJAGURU BASALINGAMMA W/O. VEERABHADRAYYA HIREMATH, AGE: 51 YEARS, OCC: GOVT EMPLOYEE, R/O. GAVISHREE NAGAR, 3RD CROSS KOPPAL-583231. 3. SMT LALITA W/O. NOORANDAPPA UPPIN, AGE: 50 YEARS, OCC: HOUSEWIFE, R/O. GAVISHREE NAGAR, 3RD CROSS KOPPAL-583231. 4. SMT BHAGYALAKSHMI W/O. SURESH JADHAV AGE: 47 YEARS, OCC: HOUSEWIFE R/O. GAVISHREE NAGAR 3RD CROSS KOPPAL 583231. …COMPLAINANTS (BY SRI. C. R. HIREMATH, ADVOCATE) AND: 1. MR. NALINI ATUL THE DEPUTY COMMISSIONER KOPPAL, DISTRICT KOPPAL-583231. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3697-DB CCC No. 100385 of 2024 2. MR GANAPATI PATIL THE COMMISSIONER CITY MUNCIPAL COUNCIL KOPPAL 583231. 3. MALLAYYA S/O. DODDAYYA SALIMATH AGE: 62 YEARS, OCC: RETIRED TEACHER R/O GAVISHREE NAGAR, 3RD CROSS KOPPAL 583231. 4. MR. SOMALINGAPPA L THE JUNIOR ENGINEER COMMISSIONER CITY MUNCIPAL COUNCIL KOPPAL 583231. …RESPONDENTS 5. THE STATE OF KARNATAKA, AG OFFICE DHAWAD. …PRO-FORMA-RESPONDENT (BY SRI. A. S. PATIL FOR A3; SRI. BUSHAN B. KULKARNI, ADVOCATE FOR A2; SRI. PRAVEEN K. UPPAR, AGA FOR A/R5; A1 NOTICE DISPENSED WITH) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PLEASED TO, THE NOTICE MAY KINDLY BE ISSUED TO THE ACCUSED AND THEY MAY HAVE BROUGHT BEFORE THIS COURT AND TRIED AND PUNISHED FOR THE OFFENCES COMMITTED BY THEM FOR THE DISOBEDIENCE OF THE ORDER DATED 29.11.2024 AS PER ANNEXURE-A, PASSED BY THIS HON BLE COURT IN WRIT PETITION NO.106315/2024 (LB-RES), IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:3697-DB CCC No. 100385 of 2024 CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The complainants are the petitioners in WP No.106315/2024, and they allege that the third respondent a owner in the vicinity of their property has deliberately violated one of the directions issued by the writ Court in WP No.106315/2024. The complainants refer to the following direction issued by writ Court: Since already notice is issued vide Annexure-K by respondent No.2 to respondent No.3, the further construction shall be stopped forthwith, till further/final action is taken by respondent No.2. This Court has dispensed with notice to the first and second respondents, and even to the fourth respondent. However, Sri.Bhushan B. - 4 - NC: 2025:KHC-D:3697-DB CCC No. 100385 of 2024 Kulkarni, who seeks leave to represent this respondent, is permitted accordingly. The question whether the proceedings must be continued is considered in the light of the affidavit filed by the third respondent and upon hearing Sri.C.R. Hiremath, the learned counsel for the complainant. It will suffice for this Court to observe that the writ Court is presently seized of the question of the alleged illegal construction in the subsequent writ petition in WP No.108018/2024; that the fourth respondent-Junior Engineer of concerned City Municipal Council, after the writ Court’s order in WP No.106315/2024, has visited the third respondent’s property and removed certain constructions [compound wall], and that such order is called in question in WP No.108018/2024. If the writ Court in W.P No.108018/2024 has granted certain interim order and is seized of the entire question of construction without permission - 5 - NC: 2025:KHC-D:3697-DB CCC No. 100385 of 2024 and also construction encroaching a certain public property, this Court is of the considered view that complainants must pursue their grievance subject to orders in WP No.108018/2024 and this complaint will not survive. Hence, it is closed. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ/CT:VG LIST NO.: 1 SL NO.: 16