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2025 DAILYLAW 91429 (KAR)

SMT. POORVIKA ANOOP RAO KORDCAL v. SHRI. JAGADEESH G.(IAS)

CCC/993/2025 · 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:46275-DB CCC No. 993 of 2025 C/W CCC No. 992 of 2025 CCC No. 998 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. 993 OF 2025 C/W CIVIL CONTEMPT PETITION NO. 992 OF 2025, CIVIL CONTEMPT PETITION NO. 998 OF 2025 IN CCC No. 993/2025 BETWEEN: 1. SMT. POORVIKA ANOOP RAO KORDCAL W/O ANOOP RAO KORDCAL, AGED ABOUT 37 YEARS, 2. SRI ANOOP RAO KORDCAL S/O NAGARAJA RAO KORDCAL, AGED ABOUT 38 YEARS BOTH THE COMPLAINANTS ARE RESIDING AT NO. 1818/4040A, GROUND FLOOR, SS LAYOUT, A BLOCK, 6TH CROSS, DAVANAGERE - 577004 …COMPLAINANTS (BY SRI. AMIT ANAND, ADVOCATE) AND: 1. SHRI. JAGADEESH G.(IAS) THE DEPUTY COMMISSIONER, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46275-DB CCC No. 993 of 2025 C/W CCC No. 992 of 2025 CCC No. 998 of 2025 BANGALORE URBAN DISTRICT KANDAYA BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560009. 2. SHRI. MUNISWAMY REDDY THE SPECIAL TAHSILDAR TAHSILDAR OFFICER, YELAHANKA TALUK, BENGALURU-560 064. 3. STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT ROOM NO.505, 5TH FLOOR GATE NO.3, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001. …ACCUSED (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, PRAYING TO SUMMON THE ACCUSED AND INITIATE PROCEEDINGS FOR PUNISHING THEM FOR COMMITTING CIVIL CONTEMPT OF COURT FOR THE WILFUL DISOBEDIENCE OF THE DIRECTIONS OF THIS HONBLE COURTS ORDER DATED 11.07.2024 PASSED IN WP NO.28695/2023 (ANNEXURE-C). IN CCC NO. 992/2025 BETWEEN: 1. VISHAL JHUNJHUNWALA S/O SAJJAN JHUNJHUNWALA, AGED ABOUT 55 YEARS, R/A FLAT 101 KRISHVI TERRAZZO, 253, 10TH MAIN ROAD, 1ST CROSS, HAL 2ND STAGE, INDIRANAGAR, - 3 - HC-KAR NC: 2025:KHC:46275-DB CCC No. 993 of 2025 C/W CCC No. 992 of 2025 CCC No. 998 of 2025 BANGALORE 560038 2. ASHA JHUNJHUNWALA W/O SAJJAN JHUNJHUNWALA, AGED ABOUT 72 YEARS, R/A 12/3, ESMERALDA, BALLYGUNGE PARK ROAD, MODERN HIGH SCHOOL, BALLYGUNGE, KOLKATA, WEST BENGAL 700019 …COMPLAINANTS (BY SRI. AMIT ANAND, ADVOCATE) AND: 1. SHRI.JAGADEESH G.(IAS) THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, KEMPEGOWDA ROAD, BENGALURU 560009 2. SHREYAS G S THE TAHSILDAR, BENGALURU NORTH ADDITIONAL TALUK OFFICE, HOTEL SHARAVATHI BUILDING, 3RD FLOOR,YELAHANKA NEW TOWN, BENGALURU 560064 3. MUNISWAMY REDDY THE SPECIAL TAHSILDAR, TAHSILDAR OFFICER, YELAHANKA TALUK, BENGALURU 560064 4. STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT STATE OF KARNATAKA, - 4 - HC-KAR NC: 2025:KHC:46275-DB CCC No. 993 of 2025 C/W CCC No. 992 of 2025 CCC No. 998 of 2025 NO. 505, 5TH FLOOR, M S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU 560001 …ACCUSED (BY SRI. MOHAMMED JAFFA SHAH, AGA) THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, PRAYING TO SUMMON THE ACCUSED AND INITIATE PROCEEDINGS FOR PUNISHING THEM FOR COMMITTING CIVIL CONTEMPT OF COURT FOR THE WILFUL DISOBEDIENCE OF THE DIRECTIONS OF THIS HONBLE COURTS ORDER DATED 07.04.2025 PASSED IN WP NO.9865/2025 (ANNEXURE-E). IN CCC NO. 998/2025 BETWEEN: 1. MR. BALAN PARAVANTAVIDA S/O LATE KANARAN PARAVANTAVIDA AGED ABOUT 70 YEARS, 2. MRS. SANGEETA BALAN W/O. BALAN PARAVANTAVIDA, AGED ABOUT 60 YEARS, BOTH THE COMPLAINANTS ARE RESIDING AT 24, GLENGARRY WAY PRINCETON JUNCTION, NJ08550, USA. E-MAIL ADDRESS BALANP_1@GMAIL.COM COMPLAINANTS 1 AND 2 ARE REPRESENTED BY, THEIR GPA HOLDER MR. PHILIPS, S/O TITUS GOMEZ. …COMPLAINANTS (BY SRI. AMIT ANAND, ADVOCATE) - 5 - HC-KAR NC: 2025:KHC:46275-DB CCC No. 993 of 2025 C/W CCC No. 992 of 2025 CCC No. 998 of 2025 AND: 1. SHRI. JAGADEESH G (IAS) THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT KANDAYA BHAVAN, KEMPEGOWDA ROAD, BENGALURU-560 009. 2. SHRI. SHREYAS G. S. THE TAHSILDAR, BENGALURU NORTH ADDITIONAL TALUK OFFICE, HOTEL SHARAVATHI BUILDING, 3RD FLOOR, YELAHANKA NEW TOWN, BENGALURU - 560 064. 3. SHRI. MUNISWAMY REDDY THE SPECIAL TAHSILDAR, TAHSILDAR OFFICER, YELAHANKA TALUK, BENGALURU-560 064. 4. STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA ROOM NO. 505, 5TH FLOOR, GATE NO. 3, MS BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU 560 001. …ACCUSED (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, PRAYING TO SUMMON THE ACCUSED AND INITIATE PROCEEDINGS FOR PUNISHING THEM FOR COMMITTING - 6 - HC-KAR NC: 2025:KHC:46275-DB CCC No. 993 of 2025 C/W CCC No. 992 of 2025 CCC No. 998 of 2025 CIVIL CONTEMPT OF COURT FOR THE WILFUL DISOBEDIENCE OF THE DIRECTIONS OF THIS HONBLE COURT ORDER DATED 17.02.2025 PASSED IN WP NO.4624/2025 (ANNEXURE-C). THESE PETITIONS, 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 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Learned AGA appears for the respondents/accused. 2. CCC No.992/2025 has been filed by the complainant alleging willful disobedience of the order dated 07.04.2025 passed in W.P. No.9865/2025 [GM-RES]. 3. CCC No.998/2025 has been filed alleging disobedience of the order dated 17.02.2025 passed in W.P. No.4624/2025 [GM-RES]. 4. Similarly, CCC No.993/2025 has been filed alleging willful disobedience of the order dated 11.07.2024 passed in W.P. No.28695/2023 [GM-RES]. 5. The aforementioned writ petitions have been filed by the respective complainants inter alia seeking directions to the - 7 - HC-KAR NC: 2025:KHC:46275-DB CCC No. 993 of 2025 C/W CCC No. 992 of 2025 CCC No. 998 of 2025 concerned authorities [Tahsildar] to complete recovery proceedings pursuant to the separate communications issued by the Karntaka Real Estate Regulatory Authority [hereinafter 'RERA'] in respect of M/s. Trishul Developers [hereinafter 'Developer']. The complainants are essentially aggrieved of the orders passed by the RERA for recovery of amounts due from the Developer as arrears of land revenue have not been implemented as directed. 6. The accused has filed a memo stating that orders have been issued for seizure of property belonging to the Developer and further steps are now required to be taken for evaluating the said properties and auctioning the same for recovering of the amounts awarded in favour of the complainants. 7. Learned AGA appearing for the accused submits that necessary steps would be taken within a period of four weeks from date. 8. Although there has been some delay on the part of the accused in implementing the orders passed by RERA as well as in complying with the order passed by the learned Single Judge in the aforementioned writ petitions, it is apparent that the accused has - 8 - HC-KAR NC: 2025:KHC:46275-DB CCC No. 993 of 2025 C/W CCC No. 992 of 2025 CCC No. 998 of 2025 now taken steps for recovery of the amounts due. Considering the statement made by the learned AGA appearing for accused that further steps for evaluation of the properties in question and for auction of the same would be taken in accordance with law within a period of four weeks from today, we consider it apposite to close the present complaints. 9. We however clarify that if effective steps are not taken by the accused within a reasonable time, the complainants would be at liberty to revive the present complaints. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 15