- 1 - NC: 2025:KHC-K:1672-DB CCC No. 200022 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO.200022 OF 2025 () BETWEEN: SRI. VIJAYKUMAR S/O VAIJINATH DEVAPPA, AGED ABOUT 60 YEARS, OCC: BUSINESS, R/O MUCHLAMB VILLAGE, TQ. BASAVAKALYAN, DIST. BIDAR-585401. …COMPLAINANT (BY SRI. RAVI B. PATIL, ADVOCATE) AND: 1. SRI. RAJU P. BANAKAR THE COMMISSIONER, CITY MUNICIPAL COUNCIL, BASAVAKALYAN, DIST. BIDAR-585401. Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1672-DB CCC No. 200022 of 2025 2. SRI. JAGANNATH REDDY THE COMMISSIONER, BASAVAKALYAN DEVELOPMENT BOARD, BASAVAKALYAN, DIST. BIDAR-585401. ..ACCUSED 3. THE STATE OF KARNATAKA THROUGH REPRESENTED BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560 001. …PROFORMA PARTY (BY SRI. GOURISH S. KHASHAMPUR, ADVOCATE FOR R/A-1; SRI. SHIVAKUMAR TENGLI, AGA FOR R3; V/O DATED 17.02.2025 NOTICE TO R/A-2 IS DEFERRED FOR THE PRESENT) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTION 2 (b) READ WITH SECTION 12 OF THE CONTEMPT OF COURT ACT, PRAYING TO INITIATE PROCEEDINGS AGAINST THE ACCUSED NOS.1 AND 2 FOR COMMITTING CONTEMPT OF LAWFUL ORDER PASSED IN WRIT PETITION NO.202628/2022 VIDE ANNEXURE-A DATED 18.06.2024 AND PUNISH THE ACCUSED NOS.1 AND 2, IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:1672-DB CCC No. 200022 of 2025 CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This petition is filed alleging willful disobedience of the order of the learned Single Judge dated 18.06.2024 passed in W.P.No.202628/2024, the operative portion of the order of the learned Single Judge reads as under:- “In that view of the matter, this petition is allowed and respondent No.3 is directed to implement the orders dated 04.10.2021 and 14.01.2022 in accordance with law, if not stayed in O.S.No.8/2022 within a period of three months from the date of receipt of a copy of this order. It is open for respondent Nos.4 and 5 to take steps in case they feel that the demolition is in excess of what is found in the order dated 04.10.2021.” - 4 - NC: 2025:KHC-K:1672-DB CCC No. 200022 of 2025 02. The respondents entered appearance and filed an affidavit of one Sri. Raju D Banakar, the Commissioner City Municipal Council, Basavakalyan. Along with the said affidavit, Annexures - R1 to R4 are produced. Annexure - R2 to the said affidavit indicate that the Civil Judge and JMFC, Basavakalyan in O.S.No.8/2022 has granted interim order of status-quo. The said interim order has been continued from time to time. 03. In view of the aforesaid interim order, the order of the learned Single Judge cannot be complied with. The order of the learned Single Judge makes it clear that if no stay in O.S.No.8/2022. 04. In view of the said statement by way of affidavit, we are of the considered view that the contempt proceedings are required to be dropped. 05. Accordingly, the contempt proceedings are dropped. - 5 - NC: 2025:KHC-K:1672-DB CCC No. 200022 of 2025 06. It is made it clear that after disposal of O.S.No.8/2022 and if any variation of the interim order by the said Court, the authority are bound to implement the order of the learned Single Judge dated 18.06.2024. 07. The liberty is reserved to the petitioner to file fresh contempt petition, if need arises. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE KJJ List No.: 1 Sl No.: 16 CT:SI