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2026 DAILYLAW 19191 (KAR)

M/S. KEERTHAN ENTERPRISES v. SRI. K. C. DORAISWAMY

CCC/105/2026 · 2026-06-04

K S Hemalekha

Contempt Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:26448-DB CCC No. 105 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL CONTEMPT PETITION NO. 105 OF 2026 BETWEEN: 1. M/S. KEERTHAN ENTERPRISES (A PARTNERSHIP FIRM) NO. 16/46, ONION POTATO COMPLEX A.P.M.C. YESHWANTHPUR REPRESENTED BY ITS PARTNER SRI SRIRAMULU S/O. VENKATASWAMY AGED ABOUT 65 YEARS …COMPLAINANT (BY SMT. SHILPA RANI, ADVOCATE) AND: 1. SRI K.C. DORAISWAMY SECRETARY THE AGRICULTURAL PRODUCE MARKET COMMITTEE MAHATMA GANDHI COMPLEX A.P.M.C. MARKET YARD YESHWANTHPUR BENGALURU - 560 022 2. SRI SHIVANANDA KAPASE THE DIRECTOR OF AGRICULTURAL MARKETING NO. 16, 2ND RAJABHAVANA ROAD BENGALURU - 560 001 …ACCUSED Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26448-DB CCC No. 105 of 2026 3. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURAL MARKETING VIKASA SOUDHA BENGALURU - 560 001 …PRO FORMA RESPONDENT (SRI NANDA KISHORE, ADVOCATE FOR ACCUSED No.1; R-2 IS SERVED & UNREPRESENTED; SMT. B. SUKANYA BALIGA, AGA FOR PRO FORMA RESPONDENT No.3) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971 PRAYING TO INITIATE ACTION FOR CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR WILLFULLY AND DELIBERATELY DISOBEYING THE ORDER DATED 18.11.2025 IN W.P.NO. 5761/2025 (APMC) PASSED BY THE LEARNED SINGLE JUDGE VIDE ANNEXURE-A, BY ISSUING A VERBATIM ENDORSEMENT DATED 05.01.2026 AS THAT OF THE ENDORSEMENT AT ANENXURE-D & ETC. 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 MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant has filed the present complaint alleging willful disobedience of an order dated 18.11.2025 passed by one of us (Hon'ble Mrs. Justice K.S Hemalekha) in Writ Petition No.5761/2025 (APMC). - 3 - HC-KAR NC: 2026:KHC:26448-DB CCC No. 105 of 2026 2. The complainant had filed the said petition, inter alia, praying that directions be issued to the accused to consider the complainant's representation dated 14.02.2025 and to accept the balance lease-cum-sale consideration in terms of the offer letter dated 11.01.2023 issued by respondent No.3 in respect of shop No.16/46 situated in Onion and Potato Market Yard earlier located at Yeshwanthpur. It was the respondent's contention that the said conversion could not be proceeded with as the market was shifted. This contention was rejected by the court and the matter was remanded to the accused for consideration in terms of Rule 12 (2) of the of the Karnataka Agricultural Produce Marketing (Regulation of Allotment of Property in Market Yards) Rules, 2004. The Court had not expressed any opinion and all issues thereto were left open to the competent authority. 3. The learned counsel appearing for the accused submits that although the application of the complainant could not be rejected on the ground of shifting of the market yard, but the same did not preclude the accused from rejecting it on the ground that the product had been de-notified. It is also contended that since all the - 4 - HC-KAR NC: 2026:KHC:26448-DB CCC No. 105 of 2026 issues have been left open, the order dated 18.11.2025 did not preclude the accused from taking such a view. 4. Prima facie, the said contentions do not appear unmerited. In the aforesaid circumstances, we do not consider it apposite to initiate any proceedings under the Contempt of Courts Act, 1971. However, we leave it open for the complainant to avail of its remedies, including seeking appropriate clarification in this regard, if necessary. 5. The complaint is closed with the aforesaid observations. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AHB List No.: 1 Sl No.: 11