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High Court of Karnataka · body

2025 DAILYLAW 72499 (KAR)

SRI B M RUDRAPPA v. DR. KANTARAJA K J

CCC/895/2025 · 2025-11-18

C M Poonacha

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:47422-DB CCC No. 895 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 895 OF 2025 BETWEEN: 1. SRI B.M. RUDRAPPA S/O. LATE MALLAPPA AGED ABOUT 70 YEARS AGRICULTURIST R/AT: LINGADAHALLI VILLAGE LINGADAHALLI HOBLI, TARIKERE TALUK CHICKMAGALUR DISTRICT - 577 129 …COMPLAINANT (BY SRI H. RAMACHANDRA, ADVOCATE) AND: 1. DR. KANTARAJA K.J. KAS, ASSISTANT COMMISSIONER TARIKERE, TARIKERE TALUK CHICKMAGALUR DISTRICT - 577 228 …ACCUSED 2. STATE OF KARNATAKA REVENUE DEPARTMENT M.S.BUILDING BENGALURU-560 001 REP. BY ITS SECRETARY …PRO FORMA RESPONDENT (BY SRI NAVEEN CHANDRASHEKAR, AGA) Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47422-DB CCC No. 895 of 2025 THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO TAKE COGNIZANCE AGAINST THE RESPONDENT/ACCUSED FOR CONTEMPT OF COURT PROCEEDINGS IN NOT IMPLEMENTING THE DIRECTION ISSUED BY THIS HON'BLE COURT IN W.P.NO.8190/2024 DATED 19.07.2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant has filed the present complaint alleging willful disobedience of the order dated 19.07.2024 passed by the learned Single Judge of this Court in W.P.No.8190/2024 (GM-RES). 2. In terms of the said order, the learned Single Judge had directed the accused to give effect to and implement the order dated 07.09.2023 passed by the Assistant Commissioner which was annexed as Annexure-D to the said petition. The order of the Assistant Commissioner indicates that on an inspection, the car house of the procession idol of deity Veerabhadraswamy existed - 3 - HC-KAR NC: 2025:KHC:47422-DB CCC No. 895 of 2025 on a public road. The chairman and office bearers of the Sri. Veerabhadraswamy Temple Committee, were directed to take a decision by holding a meeting. The Assistant Commissioner once again directed to examine the documents in co-ordination with the Tahsildar, Executive Officer, Tarikere and Assistant Executive Engineer, Public Works Department, No.2 Sub-Division, Tarikere to issue notice to the temple committee and to remove the car house of Sri. Veerabhadraswamy procession idol with co-operation of the Police Department. 3. The learned Additional Government Advocate states that the accused has been impeded from taking steps for removing the car house in view of the order dated 13.12.2024 passed by another learned Single Judge of this Court in W.P.No.4516/2024 (GM-RES) which was preferred by Shri Kallathigiri Veerabhadraswamy Committee, Lingadahalli (management of the temple in question). 4. Since status quo has been passed, we are unable to accept that there is willful disobedience of the orders passed by this Court. The complaint is accordingly closed. - 4 - HC-KAR NC: 2025:KHC:47422-DB CCC No. 895 of 2025 5. However, we grant liberty to the complainant to file afresh subject to the outcome of the writ petition. We also clarify that it is open for the complainant to move the Court in W.P.No.4516/2024, seeking appropriate clarification. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 1 Sl No.: 24