Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 28342 (KAR)

SRI.SHANKAR DEVADIGA v. SMT.SWAROOPA T.K.

CCC/446/2026 · 2026-07-14

K S Hemalekha

Contempt Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:35693-DB CCC No. 446 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH 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. 446 OF 2026 BETWEEN: SRI.SHANKAR DEVADIGA SON OF MANJAYYA DEVADIGA, AGED ABOUT 52 YEARS, RESIDING AT NO. 4-238, YAKSHAKRIPA, BANKESHWARA ROAD YEDTARE VILLAGE, BYNDHOOR TALUK, UDUPI DISTRICT-576214 …COMPLAINANT (BY SRI. PURNACHANDRA M PURANIK., ADVOCATE) AND: 1. SMT.SWAROOPA T.K. THE DEPUTY COMMISSIONER, UDUPI DISTRICT, RAJATHADRI, MANIPAL, UDUPI DISTRICT-576104 2. SRI. AJAY BANDARKAR, THE CHIEF OFFICER, BYNDHOOR TOWN PANCHAYAT BYNDHOOR, BYNDHOOR TALUK, UDUPI DISTRICT-576214 3. SRI. RAJESH AITHAL SON OF VASUDEVA AITHAL, Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35693-DB CCC No. 446 of 2026 AGED ABOUT 47 YEARS, RESIDING AT 3-249/1, VISHWAS NILAYA, YEDTARE VILLAGE, BYNDHOOR, UDUPI DISTRICT-576214 …ACCUSED 4. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA BENGALURU 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY ...PROFORMA RESPONDENT (BY SMT. NAMITHA MAHESH B. G., AGA) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT WHEREIN PRAYS TO INITIATE PROCEEDINGS FOR CONTEMPT OF COURT AGAINST THE ACCUSED FOR WILLFUL DISOBEDIENCE OF THE ORDER DATED 19.08.2025 (ANNEXURE-A) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.NO.2431/2025 (LB-RES). 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 the order dated 19.08.2025 passed by the learned Single Judge in Writ Petition No.2431/2025 (LB-RES). - 3 - HC-KAR NC: 2026:KHC:35693-DB CCC No. 446 of 2026 2. The complainant had filed the said writ petition alleging raising of an illegal construction and accordingly prayed that directions be issued to the Deputy Commissioner to consider his representation. 3. The learned Single Judge had disposed of the said writ petition with a direction to the concerned authorities to complete the inquiry in accordance with law and pass appropriate orders after hearing all the parties. 4. The accused has filed a compliance affidavit inter alia affirming that inquiry was conducted and an order dated 28.11.2025 has been passed. It is also stated that the enforcement action had been taken by issuing a notice to respondent No.5 and that a penalty for commencing construction without obtaining the requisite licence/building permission has been imposed. The said penalty has since been paid. It is also stated that a fresh building permission has been granted to respondent No.5 subject to certain conditions. 5. In view of the above, we do not consider it apposite to initiate any proceedings under the Contempt of Courts Act, 1971. The complaint is, accordingly, closed. - 4 - HC-KAR NC: 2026:KHC:35693-DB CCC No. 446 of 2026 6. We, however, clarify that this order would not preclude the complainant from availing substantive remedies, if any, in accordance with law. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE BS List No.: 1 Sl No.: 21