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2025 DAILYLAW 89584 (KAR)

SRI HONNEGOWDA v. SRI NARAYAN

CCC/71/2025 · 2025-08-01

C M Joshi

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:29832-DB CCC No. 71 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI CIVIL CONTEMPT PETITION NO. 71 OF 2025 BETWEEN: SRI HONNEGOWDA, S/O. LATE NANJAYYA ALIAS NANJAPPA, AGED ABOUT 78 YEARS, R/AT YALIYURU VILLAGE, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMKUR-572 126. …COMPLAINANT (BY SRI SHIVASHANKARA Y D, ADVOCATE) AND: 1. SRI NARAYAN, EXECUTIVE OFFICER, TALUK PANCHAYATH KUNIGAL, TUMKURU DISTRICT-572 130. 2. SMT. VATHSALA, THE PANCHAYATH DEVELOPMENT OFFICER, YELIYUR GRAMA PANCHAYATH, HUTHRIDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 126. 3. SRI NINGANNA THE SECRETARY, YELIYURU GRAMA PANCHAYATH, HUTHRIDURGA HOBLI, KUNIGAL TALUK, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29832-DB CCC No. 71 of 2025 TUMKUR DISTRICT-572 126. …ACCUSED (BY SRI KISHOR B.M, ADVOCATE FOR SRI A NAGARAJAPPA, ADVOCATE FOR R-2 & 3; R-1 SERVED AND UNREPRESENTED) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 ,BY THE COMPLAINANT, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO SECURE THE ACCUSED HEREIN AND INITIATE CONTEMPT PROCEEDINGS FOR NON-COMPLIANCE OF THE ORDER PASSED IN WP NO.16615/2023 (LB-RES) DATED 11.01.2024 VIDE ANNEXURE-A AND CCC NO.927/2024 (CIVIL) DATED 27.09.2024 VIDE ANNEXURE-L PUNISH THE ACCUSED 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 JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant has filed the present complaint, inter alia, praying that the action be taken against the accused for willful disobedience of the order dated 11.01.2024 passed by the learned Single Judge in Writ Petition No.16615/2023. 2. In terms of the said order, the Court had directed respondent Nos. 1 to 3 to conclude the enquiry initiated under - 3 - HC-KAR NC: 2025:KHC:29832-DB CCC No. 71 of 2025 Section 64 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993; and the Court further clarified with regard to the construction raised by the non official respondents. The Court also clarified that, it is open for the respondents to take action in accordance with law against any other illegality. 3. Accused No.2 filed a Counter affidavit indicating that there is an order dated 31.05.2025 imposing penalty of Rs.25,250/- under Section 64(3)(4) and 298 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. Steps have been taken to secure an order for stay of construction of the building in question until disposal of OS No.386/2023. 4. In view of the above, no action is required to be taken in the present Contempt Petition. The same is closed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 39