- 1 - HC-KAR NC: 2025:KHC:41410-DB CCC No.195/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO.195/2021 BETWEEN: SRI. A.M. GOPALA REDDY S/O LATE MUNISWAMY REDDY AGED ABOUT 81 YEARS R/AT NO.146, IST R BLOCK CHOWDESHWARI NILAYA HAREKRISHNA HILLS, RAJAJINAGAR BENGALURU-560010. SINCE DEAD BY HIS LR'S. 1. SMT. SEETHALAKSHMI W/O LATE SRI. A.M. GOPALA REDDY AGED ABOUT 74 YEARS. 2. SRI. A.G. SREEDHAR S/O LATE SRI. A.M. GOPALA REDDY AGED ABOUT 53 YEARS. 3. SMT. A.G. BHARATI D/O LATE SRI. A.M. GOPALA REDDY AGED ABOUT 51 YEARS. 4. SMT. T.G. RANJINI W/O LATE SRI. A.G. SURESH AGED ABOUT 49 YEARS. 5. S. ADITI D/O LATE SRI. A.G. SURESH AGED ABOUT 22 YEARS. ALL ARE R/AT NO.146, 1ST R BLOCK CHOWDESHWARI NILAYA Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:41410-DB CCC No.195/2021 HAREKRISHNA HILLS, RAJAJINAGAR BENGALURU-560 010. …COMPLAINANTS (BY SRI. SOMASHEKARA K.M. ADV., FOR THE LR'S OF THE COMPLAINANT ON IA 1/2025) AND: H.R. MAHADEV THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY (BDA) KUMAR PARK WEST EXTENSION T. CHOWDAIAH ROAD BENGALURU-560020. …ACCUSED (BY SRI. VACHAN B, ADV.,) - - - THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE OF CIVIL CONTEMPT AGAINST THE ACCUSED FOR DISOBEDIENCE AND NOT IMPLEMENTING THE ORDER OF THIS HON'BLE COURT IN W.P.NO.13053/2020 (BDA) DATED 26.11.2020 VIDE ANNEXURE-C AND PUNISH THE ACCUSED SUITABLE & ETC. THIS PETITION, COMING ON FOR 'HEARING ON CHARGE', THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:41410-DB CCC No.195/2021 ORAL ORDER (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This contempt petition is filed alleging willful disobedience of the order of the learned Single Judge dated 26.11.2020 passed in W.P.No.13053/2020. 2. The operative portion of the said order reads as under: "4. In view of the aforesaid facts and circumstances of the case, the petition is disposed of directing the respondents-BDA to execute the sale deed and other relevant documents in favour of the petitioner in respect of the subject marginal land measuring 379.18 sq.mtrs. within a period of two months from the date of receipt of a copy of this order. 3. Sri.Somashekara K.M., learned counsel for the complainant submits that despite the review petition being dismissed, there is no compliance. In support of his contention, he placed reliance on the decision of the - 4 - HC-KAR NC: 2025:KHC:41410-DB CCC No.195/2021 Hon'ble Supreme Court in COMMISSIONER, KARNATAKA HOUSING BOARD Vs. C.MUDDAIAH1. 4. Per contra, Sri.B.Vachan, learned counsel appearing for the accused submits that the order of the learned Single Judge cannot be complied with in view of the interim order passed by the learned Single Judge in W.P.No.23208/2025 dated 04.08.2025. 5. We have perused the interim order passed by the learned Single Judge in the aforesaid writ petition which reads as under: "The learned counsel Sri Ajay Kumar M is directed to accept notice for respondent Nos.1 and 2. The learned counsel for the petitioner to serve copy of the petition papers upon the aforesaid counsel, forthwith. The petitioner to serve respondent Nos.3 to 7 by way of hand summons and file an acknowledgement of such service, on or before 12.08.2025. 1 (2007) 7 SCC 689 - 5 - HC-KAR NC: 2025:KHC:41410-DB CCC No.195/2021 List the matter on 09.09.2025. There shall be an interim order, as prayed for, till the next date of hearing." 6. It is to be noticed that the interim order granted by the learned Single Judge in W.P.No.23208/2025 is pertaining to the same extent of land claimed by another person. 7. In view of the aforesaid interim order, we cannot compel the Authorities to implement the aforesaid order dated 26.11.2020 passed in W.P.No.13053/2020 and such inaction of the accused cannot be termed as willful disobedience of the order of the learned Single Judge as alleged. 8. The judgment relied on by the learned counsel appearing for the complainant has no application to the facts and circumstances of the case. 9. Accordingly, the contempt proceedings are dropped with liberty to file fresh contempt petition after - 6 - HC-KAR NC: 2025:KHC:41410-DB CCC No.195/2021 disposal of the writ petition in W.P.No.23208/2025, if need arises 10. A sealed cover placed by the accused is ordered to be returned to the accused. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 3 Sl No.: 6