- 1 - HC-KAR NC: 2026:KHC:32666-DB CCC No. 40 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL CONTEMPT PETITION NO.40 OF 2026 BETWEEN: 1. SMT. GOWRI SURYANARAYANA RAO W/O LATE SURYANARAYANA RAO, AGED ABOUT 75 YEARS, 2. SRI. AVINASH KUDUGUNJI S/O LATE SURYANARAYANA RAO, AGED ABOUT 48 YEARS, 3. SRI. K.S. ABHIJITH S/O LATE SURYANARAYANA RAO, AGED ABOUT 40 YEARS, ALL ARE RESIDING AT "ABHILASHA" BEHIND HINDUMANE SERVICE STATION, JOGA ROAD, LOHIYA NAGAR, SAGAR TOWN, SHIVAMOGGA DISTRICT - 577401 COMPLAINANTS ARE REPRESENTED BY THEIR GPA HOLDER SRI. GIRISH N. HEGDE S/O T.V. NARAYANAPPA, AGED 50 YEARS, RESIDING AT HAKKARE VILLAGE, HAKKARE POST, SAGAR TALUK, SHIVAMOGGA DISTRICT - 577 401. …COMPLAINANTS (BY SRI. K.N. MAHABALESHWARA RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32666-DB CCC No. 40 of 2026 VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE - 560001 BY ITS PRINCIPAL SECRETARY. …PRO FORMA RESPONDENT 2. SMT. DEEPA .M PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE - 560001. …ACCUSED (BY SMT. B. SUKANYA BALIGA, ADDITIONAL GOVERNMENT ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CIVIL CONTEMPT OF COURT CASE AGAINST THE ACCUSED FOR VIOLATING/ DISOBEYING AND NOT IMPLANTING THE ORDER OF THIS HON'BLE COURT DATED 29.10.2024 IN W.P.NO.7368/2024 ON THE FILE OF THIS HON'BLE COURT 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 MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainants have filed the present complaint alleging willful disobedience of the order dated 29.10.2024 passed by the learned Single Judge in WP No.7368/2024 [LB-RES]. The operative portion of the said order is set out below: - 3 - HC-KAR NC: 2026:KHC:32666-DB CCC No. 40 of 2026 "ORDER [A] The petition stands disposed reserving liberty to the petitioners to file a certified copy of this order along with the representation with the Principal Secretary, Urban Development Department, Government of Karnataka, seeking appropriate directions to the Planning Authority/Development Authority/Deputy Commissioner [the second to fourth respondents] to consider the petitioners' application for diversion in the light of the progress achieved in notifying the Master Plan and the government's stand on the request for permission if the notification of the Master Plan is delayed beyond the initial period. [B] The petitioner shall be at liberty to file such representation with the certified copy within four weeks from the date of receipt thereof and the Principal Secretary shall consider such representation and issue appropriate direction to the third and the fourth respondents within a period of eight weeks from the date of receipt of a certified copy of this order." 2. Pursuant to the liberty so reserved, the complainants submitted a representation seeking conversion of their land measuring 6 acres and 10 guntas, comprised in Sy.No.130/1 of Mankalale Village, Avinahalli Hobli, Sagar Taluk, Shimoga District [subject property]. 3. The accused has filed a compliance affidavit, inter alia, stating that pursuant to the directions issued by the State Government by letter dated 20.01.2026, the Sagara Planning Authority has issued a letter dated 21.01.2026 to the complainants to submit a proper representation with the required documents. - 4 - HC-KAR NC: 2026:KHC:32666-DB CCC No. 40 of 2026 Thereafter, the complainants submitted a representation dated 04.04.2026 along with certain documents and requested change of the subject property from agricultural to residential purpose. 4. It is further stated that, in the meanwhile, the Urban Development Department issued an Government Order dated 24.04.2026, the relevant extract of which reads as under: "(2). Existing Local Planning Areas (LPA): In Local Planning Areas where a Master plan has already been approved and the revision of the said Master Plan is currently under process, the following provisions shall apply, "Development permissions including, Change of Land Use, Layout approvals and building plan approval shall continue to be considered and granted strictly in accordance with the existing approved Master Plan and Zonal Regulations, until the revised Master Plan comes into force." 5. The Sagara Planning Authority also issued a public notice dated 14.04.2026 inviting objections, if any, from the general public in respect of the complainants' representation for change of land use. 6. It is also stated that the Secretary, Sagara Planning Authority issued a letter dated 08.05.2026, calling upon the complainants to furnish further documents as mentioned in paragraph No.13 of the compliance affidavit. - 5 - HC-KAR NC: 2026:KHC:32666-DB CCC No. 40 of 2026 7. The learned counsel appearing for the complainants submits that there is no impediment to the consideration of their representation, as there is no existing Master Plan. It is contended that in terms of the Government Order dated 24.04.2026, the development permissions including, conversion opinions, layout approvals, and building plan approval are required to be processed and granted in accordance with the prevailing statutory provisions and planning norms, until approval of the First Master Plan. The relevant extract of the Government Order dated 24.04.2026 reads as under: "1. Newly Constituted Local Planning Areas (LPA): In respect of newly constituted Local Planning Areas where the First (I) Master Plan has not yet been approved: "Development permissions including, Conversion opinions, Layout approvals, and Building plan approval shall be processed and granted in accordance with prevailing statutory provisions and planning norms, until approval of the First Master Plan." 2. Existing Local Planning Areas (LPA): In Local Planning Areas where a Master plan has already been approved and the revision of the said Master Plan is currently under process, the following provisions shall apply, "Development permissions including, Change of Land Use, Layout approvals and Building plan approval shall continue to be considered and granted strictly in accordance with the existing - 6 - HC-KAR NC: 2026:KHC:32666-DB CCC No. 40 of 2026 approved Master Plan and Zonal Regulations, until the revised Master Plan comes into force." (emphasis supplied) 8. Since the compliance affidavit indicates that the accused has initiated steps to process the complainants' application in accordance with the prevailing norms, the present complaint is closed. 9. It is needless to say that, if the, representation is not processed within a reasonable period, the complainants would be at liberty to revive the present complaint. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AT List No.: 1 Sl No.: 6