- 1 - HC-KAR NC: 2025:KHC-D:10242-DB CCC No. 100177 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL CIVIL CONTEMPT PETITION NO. 100177 OF 2025 (CIVIL) BETWEEN: OCEAN ADVENTURES, TEMPLE ROAD, MURDESHWAR, BHATKAL TALUK, KARWAR DISTRICT, PIN-581350, REPRESENTED BY ITS MANAGING PARTNER. …COMPLAINANT (BY SRI. HARSH DESAI, ADVOCATE) AND: 1. K. LAKSHMI PRIYA, DEPUTY COMMISSIONER, KARWAR, RABINDRANATH TAGORE BEACH, KODIBAG, KARWAR-581301. 2. NAYANA N, THE ASSISTANT COMMISSIONER, BHATKAL SUB-DIVISION, BHATKAL, UTTARA KANNADA-581320. 3. MANJUNATH NAVI, DISTRICT TOURISM DEVELOPMENT COMMITTEE, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10242-DB CCC No. 100177 of 2025 NH-17, NEAR RTO OFFICE, KARWAR, UTTARA KANNADA-581301, REPRESENTED BY THE DEPUTY DIRECTOR. 4. HANAMANTH BIRADAR, POLICE SUB-INSPECTOR, MURDESHWAR POLICE STATION, MURDESHWAR, KARWAR DISTRICT, PIN-581350. …ACCUSED 5. THE STATE OF KARNATAKA, DEPARTMENT OF TOURISM, BY ITS SECRETARY, 4TH FLOOR, EMBASSY ICON, INFANTRY ROAD, BENGALURU-560001. …PROFORMA RESPONDENT (BY SRI. GANGADHAR J. M, AAG A/W. SRI. PRAVEEN UPPAR AAG) 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, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED HEREIN FOR DISREGARDING AND VIOLATING THE ORDER DATED 08-04-2025 IN WRIT PETITION NO.106430 OF 2024 (ANNEXURE-A), AND MEET OUT PUNISHMENT UNDER THE CONTEMPT OF COURTS ACT, 1971, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR HEARING BEFORE FRAMING OF CHARGES, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:10242-DB CCC No. 100177 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The matter is listed at the stage of framing of charges. Accused No.1 and 3 are present before the Court. After hearing the matter for some time, the complainant has filed a memo and submits that it does not seek to press present proceedings in light of the proposal made out in the memo if accepted by the respondent-State. 2. Memo of the complainant reads as follows: “This Contempt Petition is filed complaining about the deliberate and wilful violation of the order dated 08- 04-2025 in WP No. 106430 of 2024 as per Annexure-A. After hearing, this Hon'ble Court by order dated 09- 07-2025 opined that the impugned act of the Respondents herein was in violation of the said order, and hence proposed to go ahead with the matter. Both the parties were heard today (13-08-2025). In order to amicably resolve the matter, the Complainant herein graciously proposed that if three months' time is granted i. e. from 01st October 2025 till 31st December 2025 for the Complainant to carry out water sports activities without any further interruption at the designated site on Murdeshwar beach, it would not press this Contempt Petition any further. Such a proposal is - 4 - HC-KAR NC: 2025:KHC-D:10242-DB CCC No. 100177 of 2025 imminent because of the fact that the Complainant was physically prevented from carrying on with the water sports activity during the tenure of its work order. This undertaking may kindly be taken on record, and the Complainant be permitted to carry out water sports activities at the designated site on Murdeshwar beach with effect from 01st October 2025 till 31st December 2025 without any interruption, and this Contempt Petition may accordingly be closed. In the event that the Respondents herein choose to interupt /interefere with the water sports activities during the said period of three months, liberty may kindy be reserved for the Complainant to reopen this Contempt Petition.” 3. Insofar as the proposal of the complainant- petitioner, the respondent-accused in terms of the memo of undertaking is filed on behalf of the State which reads as follows: “Herein the Advocate for the Respondents/ Accused submits as under: The Complainant has filed a memo seeking 3 months time to conduct / continue water sports activities in terms of the interim direction given by the Learned Single Judge dated 08.04.2025. There was a delay in implementing the - 5 - HC-KAR NC: 2025:KHC-D:10242-DB CCC No. 100177 of 2025 Order of the Learned Single Judge from 08.04.2025 to 20.06.2025. In other words, there was a delay in implementing the said Order to the extent of 2 months. It is submitted that, considering the delay in implementing the Order of the Learned Single Judge, we now give an undertaking before this Hon'ble Court that the Complainant will be permitted to conduct the sports activities in terms of the interim direction given by the Learned Single Judge for the months of October, November and December 2025 (for a period of 3 months). Further, the said undertaking will be subject to Orders passed by this Hon'ble Court in pending W.P.No.106430/2024, W.P.No.101801/2022 and W.P.No.102312/2024. Considering the said undertaking, we request this Hoan'ble Court to close the above said Contempt proceedings in the interest of justice and equity.” 4. While noticing that the proceedings of contempt are one between the Court and the contemnor. 5. In light of the memo filed by the complainant and memo of undertaking filed by the respondent-State, while taking note of the memo of undertaking, we find that the present proceedings could be dropped. - 6 - HC-KAR NC: 2025:KHC-D:10242-DB CCC No. 100177 of 2025 6. Needless to state that the memo of undertaking to be adhered to the subject of course to proceedings pending in W.P. No.106430/2024, W.P. No.101801/2022 and W.P. No.102312/2024. 7. It is needless to state that the observations made in this order are not finding of fact as regards the merits of the contention that may be pending adjudication in other proceedings. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RH /CT-AN List No.: 1 Sl No.: 83