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2025 DAILYLAW 88173 (KAR)

SMT.HEMA VENKATRAMAN v. MR. MAHESHWAR RAO

CCC/1107/2025 · 2025-11-13

C M Poonacha

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:46487-DB CCC No. 1107 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH 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. 1107 OF 2025 BETWEEN: SMT. HEMA VENKATRAMAN WIFE OF MR. SUBRAMANIAM IYER AGED ABOUT 57 YEARS RESIDING AT NO.26 PALACE APARTMENT NO. 202 9TH CROSS, MALLESWARAM BENGALURU 560 003. …COMPLAINANT (BY SMT. RASHMI GEORGE., ADVOCATE) AND: 1. MR. MAHESHWAR RAO COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) HUDSON CIRCLE, BANGALORE BANGALORE-560 002. 2. MR. SANGAPPA THE JOINT COMMISSIONER WEST ZONE, BBMP BANGALORE BANGALORE 560 003. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46487-DB CCC No. 1107 of 2025 3. MR. HARSHA NAIK THE ASSISTANT EXECUTIVE ENGINEER MALLESWARAM BBMP WARD IPP CENTER, 16TH CROSS ROAD KODANDARAMAPURA VYALIKAVAL BANGALORE 560 003. 4. SMT. USHA SHANKAR AGED ABOUT 62 YEARS WIFE OF SHRI J SHANKAR RESIDING AT NO. 62, 2ND FLOOR LOWER PALACE ORCHARDS SADASHIVA NAGAR BENGALURU-560 003. …ACCUSED (BY SRI. S H PRASHANTH., ADVOCATE FOR A1 TO A3) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYS THAT TO TAKE COGNIZANCE OF THE OFFENCE COMMITTED BY THE ACCUSED AGAINST THE ACCUSED FOR THE WILFUL DISOBEDIENCE OF THE ORDER DATED 29.04.2025 PASSED IN WP NO.30386/2024 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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:46487-DB CCC No. 1107 of 2025 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant alleges willful disobedience of an order dated 29.4.2025 passed by the learned Single Judge of this Court in Writ Petition No.30386/2024 (LB-BMP), whereby BBMP was directed to initiate proceedings under Section 248 of the Bruhat Bengaluru Mahanagala Palike Act, 2020 (hereafter BBMP Act) and to conclude the same within a period of two months from the said date. 2. It is stated that proceedings under Section 248 of the BBMP Act has been initiated and a demolition order has been passed. 3. Accused no.4 affirms the same and states that the said order being adverse to accused no.4, has been challenged in Writ Petition being W.P.No.33622/2025 and limited protection was granted. He also states that an appeal is pending before the appellate authority. 4. In view of the above, we are unable to accept that any proceedings for willful disobedience of the order are required to be initiated against the accused. - 4 - HC-KAR NC: 2025:KHC:46487-DB CCC No. 1107 of 2025 5. The complaint is accordingly closed. Liberty is granted to the complainant to file afresh if the necessary action is not taken in accordance with law bearing in mind the pending proceedings. SD/- (VIBHU BAKHRU) CHIEF JUSTICE SD/- (C.M. POONACHA) JUDGE ND/List No.: 1 Sl No.: 39