SRI K S JINNAH SAB S/O LATE SYED MOHAMMED SAB v. SRI M S DIWAKAR
CCC/100230/2025 · 2025-10-29
Geetha K B, S G Pandit
Contempt Petitionbody2025
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[ 2025 DAILYLAW 84112 (KAR) · dailylaw.ai ]
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[ 2025 DAILYLAW 84112 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14536-DB CCC No. 100230 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
CIVIL CONTEMPT PETITION NO. 100230 OF 2025 BETWEEN:
1. SRI. K.S. JINNAH SAB S/O. LATE SYED MOHAMMED SAB AGE ABOUT 66 YEARS, OCC. AGRICULTURIST, R/O. HAGARIBOMMANAHALLI, TQ. H.B.HALLI, DIST. VIJAYANAGARA-583212. 2. SMT. SATTYAMMA W/O. BASAPPA AGED ABOUT 61 YEARS, OCC. HOUSEHOLD WORK, R/O. H.NO. 130, WARD NO.2, GOLLARA ONI, OLD HAGARIBOMMANAHALLI, TQ. H.B. HALLI, DIST. VIJAYANAGARA-583212. …COMPLAINANTS (BY SRI. SHESHAIL M. JATTI, ADVOCATE)
AND:
1. SRI. M.S. DIWAKAR THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, BELLARY, DIST BELALARY-583101. 2. SRI. E.T. RAJU, THE DEPUTY DIRECTOR OF LAND RECORDS TOWN AND COUNTRY PLANNING, BALLARI, DIST. BALLARI-583212. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.05 10:41:01 +0530
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HC-KAR NC: 2025:KHC-D:14536-DB CCC No. 100230 of 2025
3. SRI. VIVEKANAND P.
THE ASSISTANT COMMISSIONER, CITY MUNICIPAL CORPORATION, HAGARIBOMMANAHALLI, TQ. H.B.HALLI, DIST.VIJAYANAGARA 583212. 4. KAVITHA R.
THE TAHASILDAR, HAGARIBOMMANAHALLI, TQ. H.B.HALLI, DIST.VIJAYANAGARA 583212. 5. N.K. MUGULI THE CHIEF OFFICER, TOWN MUNICIPAL OFFICE, HAGARIBOMMANAHALLI, TQ. H.B.HALLI, DIST.VIJAYANAGARA 583212. 6. SRI. SYED YUSUF S/O. LATE IBRAHIM SAB AGE ABOUT 53 YEARS, OCC. AGRICULTURIST, R/O. HAGARIBOMMANAHALLI, TQ. H.B.HALLI, DIST.VIJAYANAGARA 583212. 7. SRI. SYED MOHABOOB SAB S/O. LATE IBRAHIM SAB AGE ABOUT 49 YEARS, OCC. AGRICULURIST, R/O. HAGARIBOMMANAHALLI, TQ. H.B.HALLI, DIST. VIJAYANAGARA 583212. 8. FAROOQ S/O. LATE IBRAHIM SAB AGED 57 YEARS, OCC. AGRICULTURIST, R/O. THAMBRALLI ROAD, H.B. HALLI TWON AND TALUK, DIST. BALLARI. 9. ABIDA D/O. LATE IBRAHIM SAB AGED ABOUT 50 YEARS, OCC. HOUSEWIFE, R/O. THAMBRALLI ROAD,
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HC-KAR NC: 2025:KHC-D:14536-DB CCC No. 100230 of 2025
H.B. HALLI TOWN AND TALUK, DIST. BALLARI. 10. WAJEED @ RIZWANA W/O. B. RIYAZ D/O. LATE IBRAHIM SAB AGED 48 YEARS, HOUSE WIFE, R/O. VIRUPAKSHA NAGAR, RAMANAGARA AREA, H.B. HALLI TOWN AND TALUK, DIST. BALLARI. 11. ABDUL REHAMAN S/O. LATE IBRAHIM SAB AGED ABOUT 46 YEARS, PRIVATE EMPLOYEE, R/O. THAMBRALLI ROAD, H.B. HALLI TOWN AND TALUK, DIST. BALLARI. accused
12. THE STATE OF KARNATAKA THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH, REPRESENTED BY ADDL. ADVOCATE GENERAL DHARWAD. ….PROFORMA Respondent
(BY SRI. SHARAD V. MAGADUM, AGA, FOR ACCUSED NOS.1 TO 4 AND PROFORMA RESPONDENT NO.12; SRI.
SHIVARAJ V. HIREMATH, ADVOCATE FOR ACCUSED NO.5)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO, PUNISH THE ACCUSED FOR HAVING VIOLATED THE ORDER DATED. 27.01.2025 PASSED IN WP NO.106284/2023 VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
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HC-KAR NC: 2025:KHC-D:14536-DB CCC No. 100230 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
Heard learned counsel Sri.Shreshail M Jatti for complainant Sri.Sharad V. Magadum, learned AGA for respondent Nos.1 to 4 and 12 and Sri.Shivaraj V. Hiremath
learned counsel for respondent No.5.
2. This contempt petition is filed under Sections 11 and 12 of the Contempt of Courts Act r/w Article 215 of Constitution of India complaining disobedience of order dated 27.01.2025 in Writ Petition No.106284/2023 (Annexure-A).
3.
Learned counsel for the complainant would submit that though the conversion orders are declared to be valid and subsisting, the accused-respondent Nos.6 to 11 are interfering and cutting the link road between the lay out. Learned counsel for the complainant submits that the roads are being dug by the accused Nos.6 to 11 which
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HC-KAR NC: 2025:KHC-D:14536-DB CCC No. 100230 of 2025
would amount to disobedience of the order passed by this Court.
4. We have carefully given our anxious
consideration to the contempt petition averments as well as to the submission of the
learned counsel for the complainant.
5. On hearing the
learned counsel for the complainant and on perusal of the entire contempt petition papers, we are of the considered view that the allegation made by the complainant would not or cannot be considered as violation of order passed by this Court on 27.01.2025 in WP No.106284/2023.
6. This Court by order dated 27.01.2025 in WP No.106284/2023 declared that the conversion order is valid and subsisting and no consequential directions are issued. The consequences of declaring conversion order valid and subsisting would mean that conversion order is legally existing. However, if the accused Nos.6 to 11 are digging
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HC-KAR NC: 2025:KHC-D:14536-DB CCC No. 100230 of 2025
the road or cutting the road, it would be a separate cause of action and it is open for the complainant to take appropriate action against accused Nos.6 to 11 or avail any legal remedy available under law.
7. With the above, contempt petition stands rejected.
Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE
HMB CT-CMU LIST NO.: 1 SL NO.: 6