- 1 - HC-KAR NC: 2026:KHC:19935-DB CCC No. 621 of 2024 C/W CCC No. 1040 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU CIVIL CONTEMPT PETITION NO. 621 OF 2024 C/W CIVIL CONTEMPT PETITION NO. 1040 OF 2024 IN CCC No. 621/2024 BETWEEN: M/S. VINIR ENGINEERING P LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING OFFICE AT NO.102-104, BOMMASANDRA INDUSTRIAL AREA ATTIBELE HOBLI, ANEKAL TALUK BENGALURU 560 099 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. TANVEER S. A. …COMPLAINANT (BY SRI. MAHESH ARKALGUD SRIKANTH, ADVOCATE) AND: 1. MR. DEVARAJ N AGED MAJOR FATHERS NAME NOT KNOWN TO THE COMPLAINANT 2. MR. SEETHARAMA AGED MAJOR FATHERS NAME NOT KNOWN TO THE COMPLAINANT Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19935-DB CCC No. 621 of 2024 C/W CCC No. 1040 of 2024 3. MR. C. KRISHNAMURTHY AGED MAJOR FATHERS NAME NOT KNOWN TO THE COMPLAINANT 4. MR. PRASHANTH KUMAR AGED MAJOR FATHERS NAME NOT KNOWN TO THE COMPLAINANT 5. M/S. OMKAR ENGINEERING AND FABRICATION FIRMS A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISION OF THE INDIA PARTNERSHIP ACT, 1932 ACCUSED NO.1 TO 4 ARE THE PARTNERS OF ACCUSED NO.5 ALL HAVING OFFICE AT NO.3, 86/3 SREE RAMA REDDY BUILDING, OPPOSITE L AND T, HEBBAGODI, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU 560 099 ALSO AT INDUSTRIAL PLOT NOS.90 AND 91 (FORMED IN SURVEY NO.70, 176 AND 177 OF HEBBAGOD VILLAGE) BOMMASANDRA INDUSTRIAL AREA, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU 560 099 …ACCUSED (BY SRI. RAJESWARA P. N., ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THEM UNDER THE PROVISIONS OF THE CONTEMPT OF COURT ACT, 1971 FOR DISOBEYING THE ORDERS DATED 28.05.2024 PASSED BY THIS HIGH COURT OF KARNATAKA IN W.P.NO.12697/2023 (ANNEXURE - E). - 3 - HC-KAR NC: 2026:KHC:19935-DB CCC No. 621 of 2024 C/W CCC No. 1040 of 2024 IN CCC NO. 1040/2024 BETWEEN: M/S. VINIR ENGINEERING P LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING OFFICE AT NO. 102-104 BOMMASANDRA INDUSTRIAL AREA ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 560 099. REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. TANVEER S.A. ...COMPLAINANT (BY SRI. MAHESH ARKALGUD SRIKANTH, ADVOCATE) AND: 1. DR MAHESH M. (IAS) CHIEF EXECUTIVE ENGINEER AND EXECUTIVE MEMBER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.49, 4TH FLOOR, KANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001 2. MR. DEVARAJ N AGED MAJOR FATHER'S NAME NOT KNOWN TO THE COMPLAINANT 3. MR. SEETHARAMA AGED MAJOR FATHER NAME NOT KNOWN TO THE COMPLLINANT 4. MR. C. KRISHNAMURTHY AGED MAJOR FATHER'S NAME NOT KNOWN TO THE COMPLAINANT - 4 - HC-KAR NC: 2026:KHC:19935-DB CCC No. 621 of 2024 C/W CCC No. 1040 of 2024 5. MR. PRASHANTH KUMAR AGED MAJOR FATHER'S NAME NOT KNOWN TO THE COMPLAINANT 6. M/S. OMKAR ENGINEERING AND FABRICATION FIRMS A PARTNERSHIP FIRM, REPRESENTED BY ACCUSED NOS.2 TO 5 ACCUSED NOS.2 TO 5 ARE THE PARTNERS OF ACCUSED NO.6 ALL HAVING OFFICE AT NO. 3, 86/3, SREE RAMA REDDY BUILDING, OPPOSITE L&T, HEBBAGODI, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 560 099 ALSO AT INDUSTRIAL PLOT NOS.90 AND 91 BOMMASANDRA INDUSTRIAL AREA, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 560 099 ...ACCUSED (BY SRI. CHANDRASHEKAR P. V., ADV. FOR R1; SRI. RAJESWARA P.N., ADV. FOR R2 TO R6) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THEM FOR DISOBEYING THE ORDER DATED 01.07.2024 PASSED BY THE HGIH COURT OF KARNATAKA IN W.P.NO.17230/2024 (ANNEXURE-J) THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 5 - HC-KAR NC: 2026:KHC:19935-DB CCC No. 621 of 2024 C/W CCC No. 1040 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) These contempt petitions are filed alleging willful disobedience of the orders of the learned Single Judge dated 28.05.2024 and 01.07.2024 passed in W.P.No.12697/2024 (GM-CPC) and W.P. No.17230/2024 (GM-KIADB) respectively. 2. Learned counsel appearing for the accused has filed further compliance affidavit stating as follows: "FURTHER COMPLIANCE AFFIDAVIT I, Dr. M Mahesh, aged about 46 Years, the Chief Executive officer & Executive member, The Karnataka Industrial Areas Development Board, Bangalore do hereby solemnly affirm and state on oath as follows:- 1. I submit that, I am working as CEO & EM KIADB Bengaluru Accused No.1, in the above case and I am aware of the facts of the case. 2. I submit that, on 17.09.2025 I have filed compliance affidavit along with Annexure-R-1 order passed by me. The contents of the said affidavit may kindly be read as part and parcel of this affidavit to avoid repetition of facts. 3. I submit that, as per order dated 12.09.2025 passed by me vide Annexure-R-1 the executive Engineer of KIADB, has issued notice to the complainant and also the 6th respondent M/s .Omkar Engineering & fabrication -firm on 17.09.2025 to conduct the spot inspection on 20.09.2025 at 11.A.M. to find out the construction and to report violation. The copies of the said notices dated 17.09.2025 are herewith produced and marked as Annexure-R-2 & R-3. - 6 - HC-KAR NC: 2026:KHC:19935-DB CCC No. 621 of 2024 C/W CCC No. 1040 of 2024 4. I submit that, pursuant to the aforesaid notices, the 6th respondent allowed our engineers to inspect the building and to verify the nature of construction. The photographs taken at the time of spot inspection in respect of plot no. 90 & 91 allotted to 6th respondent are herewith produced and marked collectively as Annexure-R-4 series. The complainant has not allowed the engineers to inspect building. In this regard mahazar was also drawn on 20.09.2025. The copy of said mahazar is herewith produced and marked as Annexure-R-5. 5. I submit that, our Executive Engineer-2 has issued one more notice dated 12.11.2025 to the complainant to conduct survey 19.11.2025 at 11.00 A.M.and has also made representation on 15.11.2025 to the Station House officer, Hebbagodi Police Station, to give protection at the time of spot inspection on 19.11.2025 of plot numbers 102 to 104 of M/S. Vinir engineering Pvt limited. Accordingly, our engineers visited the spot on 19.11.2025, even on that day also the complainant prevented the officials and not allowed to conduct the inspection. In this regard, mahazar was also drawn and photos were also taken. The copies of joint survey notice dated 12.11.2025, letter addressed to the police dated 15.11.2025, mahazar & photographs are herewith produced and marked as Annexure- R-6,7,8,9 respectively. 6. I submit that, the Executive Engineer has issued notice to the 6th respondent M/S. Omkar Engineering & fabrication-firm on 25.09.2025 indicating the violation made by it. Further the said allottee has been directed to remove the illegal constructions within 15 days otherwise further action will be taken. The 6th respondent being aggrieved by the same has filed W.P. 34316/2025 on the file of this Hon'ble court and this Hon'ble court was pleased to grant an interim order of stay. The copies of notice dated 25.09.2025 & interim order dated 19.11.2025 are herewith produced and marked as Annexure-R-10 & R-11. 7. I submit that, the Executive Engineer-2 on 12.11.2025 has issued final notice to the 6th respondent M/S. - 7 - HC-KAR NC: 2026:KHC:19935-DB CCC No. 621 of 2024 C/W CCC No. 1040 of 2024 Omkar engineering & fabrication firm, directing the said allotted to remove the construction within 7 days otherwise without any further notice the illegal constructions will be removed. The Copy of the said notice dated 12.11.2025 is herewith produced and marked as Annexure-R-12. 8. I submit that, the Executive Engineer-2 on 26.11.2025 has Issued Notice to the complainant narrating the previous history and on the prime facie they have found that, the complainant has also violated & made illegal constructions. Therefore, he has directed the complainant to remove the said illegal constructions within 15 days, otherwise action will be taken as per law. The complainant being aggrieved by the aforesaid notice dated 26.11.2025 has filed W.P. 661/2026 on the file of this Hon'ble court and this Hon'ble court was pleased to grant an interim order on 11.02.2026. The copies of notice dated 26.11.2025 & interim order dated 11.02.2026 are herewith produced and marked as Annexure-R-13. & R-14. 9. I submit that, though the complainant is a party to the order and aware of the order he is not co-operating to implement the order of the learned single judge dated 01.07.2024 passed in W.P. 17230/2024 at Annexure-J. 10. I submit that, I have complied the direction of the learned single judge, & there is no disobedience much less willful disobedience of the order of the learned single judge. On the other hand, the complainant is abusing the process of law and preventing our officials in complying the direction of the learned single judge by taking law & order into their hands. Therefore, I request this Hon'ble court be pleased to take serious note of the same and view seriously the conduct of the complainant. 11. I submit that, action has been taken to comply the direction of the Hon'ble court and there is no will full delay, disobedience or violation of order of the Hon'ble court. The delay only to due to the workload and Administrative Reasons. Under the circumstances delay has occurred. The same is neither intentional nor - 8 - HC-KAR NC: 2026:KHC:19935-DB CCC No. 621 of 2024 C/W CCC No. 1040 of 2024 deliberate one which is beyond my control and I hereby tender my unconditional apology for delay in complying the direction of the Hon'ble court and I seek kind indulgence of this Hon'ble court in this regard. 12. I submit that, in view of the above facts and circumstance and having complied the order of the Hon'ble court, the further proceedings may kindly be dropped. Wherefore, I humbly pray that, this Hon'ble court be pleased to drop all further proceedings and close the above case in the interest of justice and equity." 3. It is stated that action has been taken pursuant to the directions issued by this Court and that writ petitions are pending consideration, in which, stay orders are in operation. 4. In the above factual situation, we are of the opinion that there is no point in continuing with these proceedings. The contempt proceedings are accordingly closed leaving open all contentions of the parties to be agitated in proceedings. Notice issued to the accused shall stand discharged. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE PN List No.: 3 Sl No.: 30