- 1 - NC: 2025:KHC:8162-DB CCC No. 175 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.175 OF 2022 BETWEEN: MR. ABDUL RAHAMAN S/O. MR. SHEIK AHMED SAB R/O. BILWADERAKOPPA VILLAGE SHIMOGA TALUK SHIMOGA. …COMPLAINANT (BY SRI UDAYA HOLLA, SENIOR COUNSEL A/W SRI RAJENDRA M.S., ADVOCATE) AND: 1. SMT. VYSHALI M.L. THE CHIEF EXECUTIVE OFFICER OFFICE OF ZILLA PANCHAYAT P.O BOX NO.127 KUVEMPU ROAD SHIMOGA-577 201. 2. SRI K.C. SANGAPPA THE EXECUTIVE ENGINEER OFFICE OF EXECUTIVE ENGINEER PANCHAYAT RAJ ENGINEERING DIVISION Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8162-DB CCC No. 175 of 2022 P.O. BOX NO.127 KUVEMPU ROAD SHIMOGA-577 201. 3. SRI SRINIVAS DIRECTOR SUVARNA GRAMODAYA YOJANA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ GOVERNMENT OF KARNATAKA M.S. BUILDINGS BENGALURU-560 001. 4. SRI DR. SELVAMANI THE DEPUTY COMMISSIONER GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT OFFICE OF DEPUTY COMMISSIONER SHIMOGA DISTRICT SHIMOGA-577 201. 5. SRI PRAKASH T.V. THE ASSISTANT COMMISSIONER GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT OFFICE OF ASSISTANT COMMISSIONER SHIMOGA DISTRICT SHIMOGA-577 201. 6. SRI NAGARAJ THE TAHSILDAR REVENUE DEPARTMENT OFFICE OF TAHSILDAR SHIMOGA DISTRICT SHIMOGA-577 201. 7. THE STATE OF KARNATAKA MINISTRY FOR RURAL DEVELOPMENT AND PANCHAYAT RAJ GOVERNMENT OF KARNATAKA VIKAS SOUDHA BENGALURU-560 001. - 3 - NC: 2025:KHC:8162-DB CCC No. 175 of 2022 (REPRESENTED BY ITS PRINCIPAL SECRETARY) …ACCUSED (BY SRI NANDISH PATIL, ADVOCATE FOR A-1 AND A-2; SMT. NAMITHA MAHESH B.G., AGA FOR A-3 TO A-6 AND PROFORMA R-7) * * * THIS CCC IS FILED UNDER THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO ISSUE APPROPRIATE ORDERS HOLDING THE ACCUSED GUILTY OF GROSS CONTEMPT OF THE ORDERS OF THIS HON’BLE COURT DATED 17.06.2021 PASSED IN WRIT APPEAL NO.787 OF 2018 (LB-RES) (ANNEXURE-F) AND DIRECT THE ACCUSED TO CONSTRUCT OF THE FEEDER CHANNEL IMMEDIATELY. THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt petition is filed by the complainant against the accused for willful disobedience of the order - 4 - NC: 2025:KHC:8162-DB CCC No. 175 of 2022 passed by the co-ordinate Bench in WA.No.787/2018 (LB- RES) dated 17.06.2021 vide Annexure-F. 2. Learned Senior counsel Sri Uday Holla along with learned counsel Sri Rajendra M.S for the complainant is present. Learned counsel Sri Nandish Patil for accused Nos.1 and 2 is present. Learned AGA Smt Namitha Mahesh for accused Nos.3 to 6 and proforma respondent No.7 is also present. 3. At paragraph No.9 of the order rendered by the co-ordinate Bench indicates as ‘In the circumstances, on the basis of what has been stated in the memo filed by the learned Additional Government Advocate before this Court, we direct the respondents to complete the construction of feeder channel within a period of six months from today including the monsoon season as per the MGNREGA Scheme which has been envisaged by the respondents’. - 5 - NC: 2025:KHC:8162-DB CCC No. 175 of 2022 4. Learned counsel for the complainant submits that order rendered by the co-ordinate Bench has not been absolutely complied. 5. Learned AGA submits that compliance affidavit along with Annexure-R1 to R5 has been filed. At paragraph No.4 of the said affidavit it indicates as ‘After the receipt of the certified copy of the order passed in the above writ appeal, necessary work order was issued on 01.12.2021. Accordingly, we have commenced by our office. Copy of the said work order dated 01.12.2021 is herewith produced and marked as Annexure-R1. Amount of Rs.28,20,000/- has been granted for construction of protection wall for the Hunasekatte Halla of Bilwaderekoppa village, which comes under Sirigere Grama Panchayath, Shivamogga Taluk. Further, execution of the said work was duly completed on 24.02.2023. Accordingly, after completion of entire work the protection wall on both sides of halla has been construction and there is no flow of water to the lands of complainant. On this - 6 - NC: 2025:KHC:8162-DB CCC No. 175 of 2022 premise, learned AGA seeks for acceptance of the compliance affidavit. 6. Keeping in view the submission made by the learned AGA and the compliance affidavit, this contempt proceeding is hereby dropped. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RJ