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2026 DAILYLAW 33702 (KAR)

H C MEENA RANI v. SRI N JAYARAM, I.A.S.,

CCC/1326/2024 · 2026-08-07

Anu Sivaraman, Vijaykumar A Patil

Contempt Petitionbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010231732024 NC: 2026:KHC:42376-DB WA No. 601 of 2024 C/W CCC No. 1326 of 2024 WA No. 662 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 601 OF 2024 (BDA) C/W CIVIL CONTEMPT PETITION NO. 1326 OF 2024, WRIT APPEAL NO. 662 OF 2024 (BDA) IN WA No. 601/2024: BETWEEN: MR. SRIKANTH SUBBARAO KULKARNI S/O LATE SUBBARAO PANDURANG KULKARNI AGED ABOUT 74 YEARS R/AT. No.6, SBI COLONY JHAMKANDI BAGALKOTE DISTRICT KARNATAKA-587 301 …APPELLANT (BY SRI. VENKATESH PRALHAD KULKARNI, ADVOCATE) AND: 1. MRS. S.C. MEENA RANI W/O DINESH D.N. AGED ABOUT 52 YEARS R/AT No.52, PROMENADE ROAD CLEVELAND TOWN NEAR SANTOSH HOSPITAL BENGALURU-560 005 Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010231732024 NC: 2026:KHC:42376-DB WA No. 601 of 2024 C/W CCC No. 1326 of 2024 WA No. 662 of 2024 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY OFFICE OF THE BDA T. CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020 …RESPONDENTS (BY SRI. YOGESH V. KOTEMATH, ADVOCATE FOR SRI. VIRUPAKSHAIAH P.H., ADVOCATE FOR R1; SRI. G.S. KANNUR, SENIOR ADVOCATE FOR SRI. MURUGESH V CHARATI, ADVOCATE FOR R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE IN WP No.17179/2017 DATED 06.10.2023 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN CCC NO. 1326/2024: BETWEEN: H.C. MEENA RANI W/O DINESH D.N. AGED ABOUT 53 YEARS RESIDING AT No.52, PROMENADE ROAD CLEVELAND TOWN, NEAR SANTHOSH HOSPITAL BENGALURU-560 005 ...COMPLAINANT (BY SRI. YOGESH V. KOTEMATH, ADVOCATE FOR SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND: 1. SRI. N. JAYARAM, I.A.S. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY OFFICE OF THE BANGALORE DEVELOPMENT AUTHORITY - 3 - HC-KAR CNR: KAHC010231732024 NC: 2026:KHC:42376-DB WA No. 601 of 2024 C/W CCC No. 1326 of 2024 WA No. 662 of 2024 T. CHOWDAIAH ROAD, KUMAR PARK WEST BENGALURU-560 020 2. SRI. SRIKANTHA SUBARAO KULKARNI S/O LATE SUBARAO PANDURANG KULKARNI AGED ABOUT 69 YEARS R/AT. No.06, SBI COLONY JAMAKNDI BAGALKOT DISTRICT-587 301 ...ACCUSED (BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR SRI. MURUGESH V. CHARATI, ADVOCATE FOR A1; SRI. V.P. KULKARNI, ADVOCATE FOR A2) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO TAKE NECESSARY ACTION AGAINST THE ACCUSED IN ACCORDANCE WITH LAW, SINCE THEY HAVE FAILED TO OBEY AND IMPLEMENT THE ORDER DATED 06.10.2023 IN WP No.17179/2017 (BDA) VIDE ANNEXURE-D PASSED BY THIS HON'BLE COURT FOR CONTEMPT OF COURT ACT AND ETC. IN WA NO. 662/2024: BETWEEN: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY OFFICE OF THE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMAR PARK WEST BENGALURU-560 020 ...APPELLANT (BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR SRI. MURUGESH V. CHARATI, ADVOCATE) - 4 - HC-KAR CNR: KAHC010231732024 NC: 2026:KHC:42376-DB WA No. 601 of 2024 C/W CCC No. 1326 of 2024 WA No. 662 of 2024 AND: 1. MS. H.C. MEENA RANI W/O DINESH D.N. AGED 52 YEARS RESIDING AT No.52, PROMENADE ROAD CLEVELAND TOWN, NEAR SANTHOSH HOSPITAL BENGALURU-560 005 2. MR. SRIKANTHA SUBRAO KULKARNI S/O LATE SUBARAO PANDURANGA KULKARNI AGED ABOUT 68 YEARS R/AT No.6, SBI COLONY JAMAKANDI BAGALKOTE DISTRICT KARNATAKA-587 301 ...RESPONDENTS (BY SRI. YOGESH V. KOTEMATH, ADVOCATE FOR SRI. VIRUPAKSHAIAH P.H., ADVOCATE FOR R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO (i) SET-ASIDE THE ORDER DATED 06.10.2023 PASSED BY THE HON'BLE LEARNED SINGLE JUDGE IN WP No.17179/2017 (BDA) AND ALLOW THE WRIT APPEAL BY DISMISSING THE WRIT PETITION AND ETC. THESE APPEALS AND PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 5 - HC-KAR CNR: KAHC010231732024 NC: 2026:KHC:42376-DB WA No. 601 of 2024 C/W CCC No. 1326 of 2024 WA No. 662 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) W.A. No.601/2024 and W.A. No.662/2024 are filed challenging the order dated 06.10.2023 passed by the learned Single Judge in W.P. No.17179/2017. The Contempt Petition is filed by the writ petitioner alleging willful disobedience of the order of the learned Single Judge dated 06.10.2023 passed in W.P. No.17179/2017. 2. The aforesaid matters are listed before this Court on several dates. During the course of hearing, this Court noticed that the cancellation of allotment of site of the writ petitioner by the Bangalore Development Authority (‘BDA’) was assailed in the earlier writ petition and this Court remanded the matter back to the BDA to reconsider the same by quashing the cancellation of allotment. After reconsidering, the BDA passed an order dated 01.02.2017 which was assailed in - 6 - HC-KAR CNR: KAHC010231732024 NC: 2026:KHC:42376-DB WA No. 601 of 2024 C/W CCC No. 1326 of 2024 WA No. 662 of 2024 W.P.No.17179/2017 and the learned Single Judge allowed the writ petition by setting aside the cancellation of allotment. 3. During the pendency of these proceedings, this Court suggested the appellant-BDA in W.A.No.662/2024 to resolve the dispute in view of the fact that during the interregnum period, the BDA has allotted the same site in favour of the appellant in W.A.No.601/2024. The Commissioner, BDA filed an affidavit indicating that the BDA would take steps to allot alternate site to the writ petitioner. It is to be noticed that the learned counsel for respondent No.1 had filed a memo dated 10.07.2026 in W.A.No.601/2024 stating that the respondent No.1, who is the writ petitioner in W.P.No.17179/2017, is ready to accept the allotment of alternate site of the same dimension in any layout formed by the BDA, if it is free from litigation. - 7 - HC-KAR CNR: KAHC010231732024 NC: 2026:KHC:42376-DB WA No. 601 of 2024 C/W CCC No. 1326 of 2024 WA No. 662 of 2024 4. The Commissioner-BDA, in CCC No.1326/2024, had filed a memo dated 06.08.2026. The memo is enclosed with the copy of the allotment letter dated 30.07.2026. The allotment letter indicates that the BDA has allotted site No.B2-SA-10 in Nada Prabhu Kempegowda Layout (Kannali Village Sy.No.48/3, 48/5 measuring 15 x 24 meter (360 sq.mtr.) to the complainant/writ petitioner. 5. In view of the allotment of alternate site by the BDA in favour of the writ petitioner which has been accepted by the writ petitioner, we are of the view that the writ appeals are required to be disposed of by recording the aforesaid memos. 6. In view of the preceding observations, the writ appeals are allowed and the impugned order dated 06.10.2023 passed by the learned Single Judge in W.P. No.17179/2017 is set aside. The contempt proceedings - 8 - HC-KAR CNR: KAHC010231732024 NC: 2026:KHC:42376-DB WA No. 601 of 2024 C/W CCC No. 1326 of 2024 WA No. 662 of 2024 are dropped. Notice issued to the accused shall stand discharged. It is made clear that, the BDA shall not claim any additional amount from the writ petitioner and they should execute the necessary deed of conveyance in favour of the writ petitioner within a period of six weeks from the date of receipt of the copy of this order. It is needless to observe that the allotment made by the BDA in favour of the appellant in W.A.No.601/2024 is undisturbed. The writ petitioner is granted liberty to seek allotment of alternate land if the writ petitioner finds that the allotment made in her favour is under litigation. No orders as to costs. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN; List No.: 1 Sl No.: 3