- 1 - HC-KAR NC: 2025:KHC:51266-DB CCC No. 139 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 139 OF 2025 BETWEEN: 1. SMT. BASAMMA, W/O LATE B.P.SHANTHAPPA, AGED ABOUT 70 YEARS, 2. B. S. KUMAR S/O LATE B.P.SHANTHAPPA, AGED ABOUT 42 YEARS, 3. B. S. PRASAD S/O LATE B.P.SHANTHAPPA, AGED ABOUT 48 YEARS, 4. SMT. DAKSHAYANI, D/O LATE B.P. SHANTHAPPA, AGED ABOUT 50 YEARS, ALL ARE R/AT BETTAHALASURU VILLAGE, NARAYANAPURA ROAD, JALA HOBLI BENGALURU 562 157 …COMPLAINANTS (BY SMT. S. SUMATHI, ADVOCATE FOR SMT. VAKKUND SONATAI GANAPATRAO, ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51266-DB CCC No. 139 of 2025 AND: 1. SHRI MALLIKARJUN, DGM (T) AND PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, PROJECT IMPLEMENTATION UNIT, SY NO.13, 14TH KM., BENGALURU-TUMKUR ROAD, (NH-4) NAGASANDRA, BENGALURU 560 073 2. SHRI. JAYKUMAR THE SPECIAL LAND ACQUISITION OFFICER, AND COMPETENT AUTHORITY, HYDERABAD-BANGALORE HIGHWAY, SY NO.678/3, NEERUBHAVI KEMPANNA LAYOUT, HEBBAL, BENGALURU 560 024 …ACCUSED (BY SMT. SHILPA GHANSHYAMBHAI SHAH, ADVOCATE) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING DISOBEYED THE DIRECTIONS PASSED IN WP NO.12847/2023 (LA-RES) DATED 13.12.2023 AND PUNISH THEM IN ACCORDANCE WITH LAW. 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 - 3 - HC-KAR NC: 2025:KHC:51266-DB CCC No. 139 of 2025 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainants have filed the present complaint alleging willful disobedience of the order dated 13.12.2023 passed in Writ Petition No.12847/2023 (LA-RES). The operative part of the said order reads as under: 7. In view of above writ petition is disposed of directing respondents to take further steps in pursuance of correspondent at Annexure-M within a period of four months from date of receipt of certified copy of this order after ascertaining whether any portion of petitioner's land has been utilised by respondent no.1 for formation of service road without acquisition, if necessary by fresh survey, in presence of petitioner and finding utilisation without acquisition. In other case, respondents would be at liberty to issue well reasoned endorsement to petitioner with particulars if petitioner's land is acquired and utilized, by due process of law by providing details of compensation paid/deposited. Needless to state that while issuing said endorsement, respondents shall be required to traverse earlier survey reports to contrary. 2. Learned counsel for the accused has filed a memo enclosing therewith a notification dated 18.11.2025 issued under Section 3A(1) of the National Highways Act, 1956 for acquisition of the land in question. - 4 - HC-KAR NC: 2025:KHC:51266-DB CCC No. 139 of 2025 3. It is the complainant's case that the land is being used without acquiring the same. In the aforesaid context, this Court had passed the order dated 13.12.2023, the disobedience of which is alleged. 4. The learned counsel for the accused submits that thereafter, a survey was conducted and the land in question was used. Therefore, proceedings have been initiated to acquire the same. She also submits that sofar as the compensation is concerned, the compensation would be paid to the persons entitled for the same as there are rival claims. 5. In view of the above, we are unable to accept that there is any willful disobedience of the order as alleged. 6. The complaint is, accordingly, closed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND/List No.: 1 Sl No.: 35