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2026 DAILYLAW 34063 (KAR)

SMT PRAMODA DEVI WADIYAR v. SMT SHALINI RAJNEESH

CCC/960/2024 · 2026-07-16

Anu Sivaraman, Venkatesh Naik T

Contempt Petitionbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010525122024 NC: 2026:KHC:36921-DB CCC No. 960 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.960 OF 2024 BETWEEN: SMT. PRAMODA DEVI WADIYAR W/O. LATE SRI SRIKANTA DATTA NARASIMHARAJA WADIYAR AGED ABOUT 70 YEARS RESIDING AT PALACE MYSORE MYSORE-570 001 KARNATAKA. …COMPLAINANT (BY SMT. MANASI KUMAR FOR SRI KUSHA K. KOUSHIK, ADVOCATES) AND: 1. SMT. SHALINI RAJNEESH THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001 KARNATAKA. 2. SMT. M.J. ROOPA THE ALLEGED SECRETARY SHREE CHAMUNDESHWARI KSHETRA DEVELOPMENT AUTHORITY CHAMUNDI HILLS MYSORE KARNATAKA. 3. SHRI SIDDARAMAIAH THE ALLEGED CHAIRMAN SHREE CHAMUNDESHWARI KSHETRA Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010525122024 NC: 2026:KHC:36921-DB CCC No. 960 of 2024 DEVELOPMENT AUTHORITY CHAMUNDI HILLS MYSORE. 4. GOVERNMENT OF KARNATAKA REPRESENTED BY SECRETARY HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS DEPARTMENT 2ND AND 3RD FLOOR MAHADESHWARA, VARTHA BHAVAN VENKATARAO ROAD CHAMARAJPET BENGALURU - 560 018. …ACCUSED (BY SRI I. TARANATH POOJARY, AAG A/W SMT. SAVITHRAMMA, AGA FOR PROFORMA R-4; A-1 IS SERVED AND UNREPRESENTED) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 AND THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981, PRAYING TO TAKE COGNIZANCE OF THE WILLFUL DISOBEDIENCE OF THE INTERIM ORDER DATED 26-7-2024 PASSED BY THE HON'BLE HIGH COURT OF KARNATAKA IN WRIT PETITION NO.19807 OF 2024 PRODUCED AS ANNEXURE-G. THIS CIVIL CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR CNR: KAHC010525122024 NC: 2026:KHC:36921-DB CCC No. 960 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard learned counsel appearing for the complainant as well as the learned Additional Advocate General for respondent No.4-State. 2. The present Contempt of Court Case is filed alleging non-compliance with the interim order passed by this Court in W.P.No.19807/2024 on 26.07.2024. The proceedings of this Court on the said date in the writ petition read as follows: "Learned AGA accepts notice for the respondents. Copies to be served. Heard Sri. J. Sai Deepak, learned counsel for the petitioner. At request of learned AGA, re-list on 01.08.2024 under the caption ‘orders’, for consideration of interim prayer. In the meanwhile, without prejudice to both the parties and by way of an interim arrangement, respondents are directed not to give effect to the impugned Act, till the next date of hearing." [ 3. The learned counsel for the complainant submits that, in spite of the existence of the said order, on the ground that the Act had been notified on 01.07.2024, the respondents have proceeded to commit acts of contempt by taking action - 4 - HC-KAR CNR: KAHC010525122024 NC: 2026:KHC:36921-DB CCC No. 960 of 2024 under the enactment, which could not have been done in the light of the directions. It is further contended that the interim order stood vacated only on 05.09.2024 and that the actions taken by the State between 26.07.2024 and 05.09.2024 therefore amounted to clear, wilful and continuing acts of contempt and are, therefore, liable to be punished. 4. The learned counsel for the complainant places reliance on the following judgments of the Hon'ble Apex Court in support of the said contentions: 1. Tayabbhai M. Bagasarwalla v. Hind Rubber Industries (P) Ltd., (1997) 3 SCC 443 2. Prithawi Nath Ram v. State of Jharkhand, (2004) 7 SCC 261 3. All Bengal Excise Licensees' Assn. v. Raghabendra Singh, (2007) 11 SCC 374 4. D. Karunakar Reddy v. G. Sandeep, 2024 SCC OnLine TS 1007 5. Lavanya C v. Vittal Gurudas Pai, 2025 SCC OnLine SC 499 5. The learned Additional Advocate General, on the other hand, has placed on record a memo in evidence of the fact that the enactment stood notified as early as on 01.07.2024. It is submitted that the notification dated 28.06.2024 had been gazetted on 01.07.2024 and that the - 5 - HC-KAR CNR: KAHC010525122024 NC: 2026:KHC:36921-DB CCC No. 960 of 2024 implementation of the Act was therefore complete when the order dated 26.07.2024 was passed. It is submitted that, there was no order staying any provision of the enactment. This fact was also clearly brought to the notice of this Court. It is therefore submitted that there is no wilful contempt as alleged by the complainant. 6. We have considered the contentions advanced. We notice that Writ Petition No.19807/2024 is still pending. The challenge in the writ petition is evidently to the Sri Chamundeshwari Kshetra Development Authority Act, 2024. The writ petition was initially moved on 26.07.2024, and the order specifically directed that, by way of an interim arrangement, the respondents shall not give effect to the impugned Act, till the next date of hearing. On the next date of hearing, the interim order stood extended. However, on 22.08.2024, the learned Additional Advocate General filed a memo before the Court annexing a copy of the notification giving effect to the Act with effect from 01.07.2024. The Court noticed the said notification and also observed that the implication was that the Act had been given effect to even before the order dated 26.07.2024 was passed. The matter was - 6 - HC-KAR CNR: KAHC010525122024 NC: 2026:KHC:36921-DB CCC No. 960 of 2024 thereafter re-listed to 05.09.2024 for consideration of the interim prayer. On 05.09.2024, the matter was heard and the following order was passed: "Heard on I.A.No.1/2024. The application seeking permission to raise additional grounds is allowed, and petitioner is permitted to file amended petition. Memo filed along with the documents is placed on record. Heard Sri. J. Sai Deepak learned counsel representing the petitioner's counsel and Sri. Devadas, learned Additional Advocate General for the respondent-State. Learned AAG prays for time to secure instructions and make submission. Re-list on 25.09.2024. Till then, respondent-State shall not alienate any immovable and movable properties belonging to the temple in question. It is made clear that the interim order granted earlier is not continued." 7. The order dated 05.09.2024 specifically directs the respondent-State not to alienate any movable or immovable properties belonging to the temple in question. It was made explicitly clear that the interim order granted earlier was not continued. The contention raised by the learned counsel for the complainant is that all steps taken pursuant to the notification - 7 - HC-KAR CNR: KAHC010525122024 NC: 2026:KHC:36921-DB CCC No. 960 of 2024 of the Act between 26.07.2024 and 05.09.2024 would amount to contempt. 8. Having considered the contentions advanced and in view of the orders passed on 26.07.2024, 01.08.2024, 22.08.2024, 30.08.2024 and, ultimately, on 05.09.2024, we are of the opinion that there was no stay of any provision of the Act before 05.09.2024. Even if it is a fact that the interim order dated 26.07.2024 was vacated only on 05.09.2024, in the light of the orders passed in the writ petition, we are not convinced that there has been any wilful disobedience or contempt of the orders or authority of this Court between 26.07.2024 and 05.09.2024. We are of the opinion that the further aspects have to be considered in the writ petition. The Contempt of Court Case, therefore, fails and the same is accordingly dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM/List No.: 3 Sl No.: 23