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High Court of Karnataka · body

2026 DAILYLAW 34149 (KAR)

SRI. B. K. NARAYAN v. SRI. P. R. GURURAJ

CCC/211/2025 · 2026-08-12

Jayant Banerji, T M Nadaf

Contempt Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE T.M.NADAF CIVIL CONTEMPT PETITION NO. 211 OF 2025 BETWEEN: 1. SRI. B.K. NARAYAN S/O LATE B. KRISHNAYYA AGED ABOUT 65 YEARS R/AT NANDAGOKULA ALEVOOR ROAD OPP MANIPAL DOT NET MANIPAL - 576 104. 2. MRS. RENUKA L MAYYA W/O K.S. LAXMINARAYNA MAYYA AGED ABOUT 68YERS R/AT SRINIKETAN HARTHATTU GILIYAR VILLAGE POST KOTA - 576 225. 3. SRI. RAMESH T S/O LATE MNDAPPA AGED ABOUT 74 YEARS R/AT SRI GURU RAKSHA OPP BGS EDUCATION CENTRE GANDHINAGAR KAVOOR MANGALORE - 575 015. 4. SMT. RATHNA D/O DECEASED K. SHIVANANDA AGED ABOUT 54 YEARS R/AT NEAR SOORYANARAYANA TEMPLE MAROLI KULSHEKARA MANGALORE - 575 005. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 5. SMT. RAMADEVI W/O DECEASED B SRINIVAS BHAT AGED ABOUT 82 YEARS R/AT SHRINIVAS KARAMBALLI POST KUNJIBETTU UDIPI - 576 102. 6. SMT. LOLAKSHI RATHNAKAR W/O DECEASED B.K. ANANTHARATHNAKAR AGED ABOUT 67 YEARS R/AT KRISHNAYYA NILAYA NEAR KEB SUB STATION INDUSTRIAL AREA MANIPAL - 576 104. 7. SRI. HARISH PEJAVAR S/O LATE NARAYANACHAR AGED ABOUT 65 YEARS R/AT NO.2-53/6 SHASHIKIRAN BUILDING HOSABETT NH 86 (EAST) MANGALURU - 575 019. 8. SRI. N.K. RAJU D/O LATE BHANUMATHI R AGED ABOUT 78 YEARS R/AT E-TOWER, 403 BEHIND UDUPI MUNICIPALITY K.M. MARG UDUPI - 576 101. 9. SRI. K. ANANDA DEVADIGA S/O LATE K.P. DEVADIGA AGED ABOUT 65 YEARS R/AT SRI DEVI KIRAN HOUSE NO.4-535B RAJIVA NAGARA, 9TH CROSS ALEVOOR ROAD MANIPAL - 576 104. 10. SRI. K. SATHISH SHENOY S/O LATE K. RAMDAS SHENOY AGED ABOUT 70 YEARS R/AT 10-3-3 SWASTIK NEAR - 3 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 ABHARAN JEWELLERS CORPORATION BANK ROAD, UDUPI - 576 101. 11. SRI. GOPAL U S/O LATE VENTAPPA SALIAN AGED ABOUT 65 YEARS R/AT PALLAVI, 16A CROSS, ALN LAYOUT, MANIPAL - 576 104. 12. SRI. K. JAYAKAR SALLAN S/O LATE LINGAPPA A AGED ABOUT 71 YEARS R/AT ACHUTHYA SEETHAMMA NILAYA KANANADY MANGALORE - 575 002 13. SMT. BHAVANI D/O DECEASED K THIMMAPPA PURUSHA AGED ABOUT 69 YEARS R/AT THIMPAI COLONY KANADKA SHANTHINAGAR MANGALORE - 575 016. 14. SRI. U. GOPALAKRISHNA RAO S/O LATE U NARAYANA RAO AGED ABOUT 85 YEARS R/AT VIGNESH MIG 48 HUDCO COLONY MANIPAL - 576 104. 15. SRI. P RAJUDEVADIGA S/O LATE P GOPALA DEVADIGA AGED ABOUT 80 YEARS R/AT SRINIVAS MIG-6 KHB COLONY DODDANAGUDDE POST KUNJIBETTU UDUPI - 576 102 16. SRI. U. SOMAPPA DEVADIGA S/O LATE MAHABALA DEVADIGA AGED ABOUT 79 YEARS R/AT HOUSE NO.1-31 F SOMALATHA NILAYA SHESHADRI - 4 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 MARGA KELAPARKALA PARKALA UDUPI - 576 107 17. SRI VEDAVYASA ACHARYA S/O LATE NA RANGANATH ACHARYA AGED ABOUT 66 YEARS R/AT KRISHNA KRIPA R/AT HOUSE NO 10-9 D MANIPAL ROAD ABBAGILU SANTHEKATTE, UDUPI - 576 105 18. SRI. M. KRISHNA NAIRI S/O LATE M NARASIMHA NAIRI AGED ABOUT 75 YEARS R/AT SHREE DURGA HOUSE NO.16-127B ANANTHA NAGAR 2ND STAGE, MANIPAL - 576 104 19. SRI. SARVOTTAMA S/O LATE THANIYA AGED ABOUT 78 YEARS R/AT DIVYANUGRAHA RAJGOPAL NAGAR PARKALA - 576 107 20. SRI. K. NARAYANA KUDVA S/O RAMESH KUDVA AGED ABOUT 67 YEARS, R/AT NO.703, 6TH FLOOR ARCHANA ARCADE APARTMENT KUNJIBETTU UDUPI - 576 102 21. SRI. K. CHANDRASHEKAR RAO S/O LATE K VASUDEVA RAO AGED ABOUT 68 YEARS R/AT NO.4, 1ST CROSS B BLOCK R.T NAGAR BANGALORE - 560 032 - 5 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 22. MRS. NANDINI V NAYAK W/O VASUDEVA NAYAK AGED ABOUT 74 YEARS R/AT FLAT NO.402, 4TH FLOOR VITTAL TOWER MISSION HOSPITAL ROAD, UDUPI - 576 101 23. SRI. G. KRISHNARAYA PATIL S/O LATE G NARAYANA PATIL AGED ABOUT 68 YEARS R/AT SRILAXMI GANESH BHAG SARALEBETTU MANIPAL - 576 104 24. SRI. B. UPENDRA NAYAK S/O LATE BALU NAYAK AGED ABOUT 64 YEARS R/AT ANUGRAHA R/AT NO.80 BADAGUBETTU BADAGUBETTU UDUPI - 576 107 25. SRI K MANJUNATH SHENOY S/O K SRINIVAS SHENOY AGED ABOUT 62 YEARS R/AT FLAT NO B/103 SAIRADHA NEST, SAGRI WARD BEHIND M.G.M GROUND KUNJIBETTU - 576 102 26. MRS. JYOTHI V. AITHAL W/O VASUDEVA AITHAL AGED ABOUT 65 YEARS R/AT POORNIMA NILAYA TENKANIDIYOOR KODAVOOR - 576 106. 27. SRI. C. GEETHA NAMBIAR D/O LATE T.N. BALAKRISHNAN AGED ABOUT 66 YEARS NAMBIAR R/AT HOUSE NO.12-3-48A - 6 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 L.B.S MARG, 4TH CROSS CONVENT ROAD AJJARKAD, UDUPI - 576 101. 28. SRI. RAMACHANDRA B. ACHARYA S/O LATE BHAGHIRATHA ACHARYA C/O ANEESH ACHARYA AGED ABOUT 68 YEARS R/AT NO.4-438(H) BEHIND ANGELISA, DRIVING SCHOOL TAPMI ROAD, SHANTHI NAGAR MANIPAL - 576 104. 29. SRI. UMESHSHANBHAG S/O LATE SANJEEVA SHANBHAG AGED ABOUT 60 YEARS R/AT NO.6-48A MATHRUKRIPA NEAR BM SCHOOL PARKALA - 576 107. 30. MRS. LALITHA H W/O LATE VIVEKANAND AGED ABOUT 68 YEARS R/AT KANISUMARI MTS COLONY NEAR VIJAYA HOSPIAL T DASARAHALLI BANGALORE - 560 057 31. SRI. DAYANAND M., S/O LATE MRS MANORAMA H C/O DAYANANDA M AGED ABOUT 65YEARS R/AT HOUSE NO.6-3-1 NEAR GOVERNMENT HIGH SCHOOL ROAD, VOLAKKADU WARD, UDUPI - 576 101 32. SRI. K. BALAKRISHNA NAYAK S/O MAHADEVA NAYAK AGED ABOUT 57 YEARS R/AT KABYADI THOTA HOUSE 80 BADAGUBETTU, UDUPI-576107 - 7 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 33. SRI. M. SANJEEVA S/O LATE TUKRU POOJARY AGED ABOUT 75 YEARS MIG 112, R/AT HUDCO COLONY ANANTHANAGAR, MANIPAL-576104. 34. SRI. P. DEVADAS ACHARYA S/O LATE P NARAYANA ACHARYA AGED ABOUT 77 YEARS R/AT MIG 66, HUDCO COLONY ANANTHANAGAR MANIPAL - 576 104. 35. SRI. S. NARYANA NAIK S/O MADHAVA NAIK AGED ABOUT 68 YEARS R/AT NO.8-73-11 MADHAVA NILAYA SARABEBETTU MANIPAL - 576 104. 36. SRI. K. GURURAJ RAO S/O LATE LAKSHMINARAYANA RAO AGED ABOUT 67 YEARS R/AT AROOR BEIMAR POST AROOR UDUPI - 576 105. 37. SRI. D. VASUDEVA NAYAR S/O LATE SRINIVAS NAYAK AGED ABOUT 70 YEARS R/AT DEVASBALLI HOUSE HIREBETTU - 576 107 38. SRI. VASUDEVA NAYAK S/O LATE NARAYANA NAYAK AGED ABOUT 66 YEARS R/AT GURUKRIPA NO.80, BADAGUBETTU POST BAIRANJE UDUPI - 576 113. - 8 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 39. SRI. M. DAMODARA BHAT S/O LATE M RAGHUNATH BHAT AGED ABOUT 68 YEARS R/AT MIG 24, KHB COLONY MANIPAL - 576 104 40. SRI. ARUN KUMAR S/O DECEASED MADHUSUDHAN ACHAR AGED ABOUT 61 YEARS R/AT HOUSE NO. 8-18C4 MADHU NIVAS NEHRU NAGAR MANIPAL - 576 104. 41. SRI. B. ASHWATH S/O DECEASED B SUDHAKAR ACHAR AGED ABOUT 39 YEARS R/AT HOUSE NO.4-27 RAM NAG SANNIDHI BELVAI - 574 213. 42. SRI. P.K. SHEENA POOJARY S/O LATE KORAGA POOJARY AGED ABOUT 73 YEARS R/AT PADMASHREE NEAR SHETTYBETTU SCHOOL PARKALA - 576 107. 43. SRI. P. GURUDAS SHENOY S/O LATE NARAYNA SHENOY AGED ABOUT 66 YEARS R/AT MIG 130, HUDCO COLONY BEHIND, PRASANNA GANAPATHI STORE, MANIPAL - 576 104 44. SRI. RAJENDRA NAYAK S/O LATE MANJUATHA NAYAK AGED ABOUT 55 YEARS R/AT HIREBETTU VILLAGE POST BAIRANJE, UDUPI - 576 113. - 9 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 45. SRI. B. GANAPATHI KAMATH S/O LATE B SANJEEVA KAMATH AGED ABOUT 79 YEARS R/AT SREE VARDARAJA SREE DEVI NAGAR KAKKUNJE KUNJIBETTU UDUPI - 576 102 46. SMT. PREMAKALA W/O DECEASED ANANTHAMADYASTHA AGED ABOUT 63 YEARS R/AT B-012, GROUND FLOOR SUVIDA HOMES GULME ROAD LAXMINDRA NAGAR KUNJIBETTU - 576 102 47. MRS. JAYANTHI M BHAT W/O K.V. MAHABALABHAT AGED ABOUT 66 YEARS R/AT MAITHRI RAJEEVANAGAR 1ST MAIN, 4TH CROSS MANIPAL - 576 104 48. SRI. P. RAMAMURTHY TANTRI S/O LATE P LAKSHMINARAYANA TANTRY AGED ABOUT 71 YEARS R/AT GURU SHREE PADUR POST AND VILLAGE KAUP, UDUPI-574 106 …COMPLAINANTS (BY SRI. SACHIN B.S., ADVOCATE) AND: 1. SRI. P. R. GURURAJ TAHSILDAR, TALUK OFFICE UDUPI - 576 104. …ACCUSED 2. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA - 10 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 BENGALURU - 560 001 REP. BY ITS SECRETARY …PRO-FORMA RESPONDENT (BY SMT. SUKANYA BALIGA, AGA PROFORMA R2 AND A1) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT PRAYING TO PUNISH THE ACCUSED FOR WILFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS HON'BLE COURT ORDER DATED 23.02.2023 IN W.P.NO.1477/2023 AS PER ANNEXURE-A. THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) This Civil Contempt Petition was filed on 18.02.2025 seeking a direction to punish the accused for wilful disobedience of the order of a learned Single Judge of this Court dated 23.02.2023 passed in W.P.No.1477/2023. Admittedly, this petition was filed beyond a limitation period prescribed for filing a contempt petition. - 11 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 2. Learned counsel for the petitioners has sought to place for perusal of the Court the operative part of the order of the Writ Court dated 23.02.2023, which reads as under: "4. Consequently, the writ petition stands disposed of with a specific direction to the respondent - Tahasildar, Udupi Taluk to consider the grievance of the petitioners in the line of the directions issued by this Court earlier in W.P.No.51357/2015 dated 20.07.2021 and pass necessary orders for allotment of alternative sites measuring 5 cents each, as expeditiously as possible and at any rate within a period of six months from the date of receipt of copy of this order." 3. The contention is that even prior to that, W.P.No.51357/2015 was filed by six (6) petitioners, who had been issued Hakku Patras for certain sites in the land in Sy.Nos.7 and 127 of Alevoor Village, Udupi Taluk, seeking to challenge the order dated 28.08.2004, which rejected their mutation applications. In that petition, an Affidavit was filed by the Tahsildar of Udupi Taluk stating - 12 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 that the respondents would grant substituted land each measuring 0.05 cents to the petitioners in Udupi Taluk in accordance with law. That petition was disposed of with a direction to the Tahsildar, Udupi Taluk, to ensure that necessary steps are taken and the petitioners therein allotted 5 cents each within a period of 6 months from the date of receipt of a representation. 4. It is therefore contended that the petitioners herein are entitled for alternative sites in Udupi Taluk itself, which has not been done by the respondents, but they have allotted land in Nalkuru Village, Bramhavara Taluk, Udupi District. It is stated that Possession Certificates have also been given to all the petitioners. 5. Learned AGA has also referred to the compliance Affidavit filed on 02.07.2026, in which it is mentioned that at present the Udupi Taluk faces a significant demand for Government land to support critical public infrastructure including school, hospital, hostels, - 13 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 Government Offices, etc., and given the scarcity of available Government revenue land, it was not feasible to provide house sites locally to all the beneficiaries and therefore, considering the availability of the vacant Government land in the neighbouring Brahmavara Taluk of Udupi District, alternative house sites measuring 5.00 cents each have allotted to all the 50 beneficiaries including the complainants herein and Hakku Patras and Possessions Certificates dated 30.10.2025 were also issued to them. 6. The aforesaid submission of learned AGA is not denied by the counsel for the petitioner. However, he states that the land ought to have been allotted in Udupi Taluk itself in compliance of the order of the Writ Court. 7. We have perused the operative part of the order passed in W.P.No.1477/2023 dated 23.02.2023, which has already been reproduced above. In our considered opinion, there is substantial compliance of the - 14 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 order of the Writ Court. The reason for allotment of alternative sites in Brahmavara Taluk has been clearly stated in the compliance Affidavit filed by the Deputy Commissioner, Udupi District. As such, we do not see any reason to summon the accused. 8. It also needs to be considered that it is an admitted case of the petitioner that there is delay in preferring the contempt petition, which is not intentional but for bonafide cause. 9. If the petitioners intend to show continuing wrong or breach by the accused, they have to demonstrate from their pleadings the grounds resting whereon they seek exemption from limitation. The Supreme Court in the case of S TIRUPATHI RAO v. M. LINGAMAIAH AND OTHERS1 has stated that in such cases where stale claims of contempt are filed, camouflaged as continuing wrong, ought not to be 1 (2024) 20 SCC 188 - 15 - HC-KAR CNR: KAHC010115252025 NC: 2026:KHC:42675-DB CCC No. 211 of 2025 entertained having regard to the legislative intent for introducing Section 20 in the Contempt of Court Act. 10. For the reasons aforesaid, this contempt petition is consigned. Sd/- (JAYANT BANERJI) JUDGE Sd/- (T.M.NADAF) JUDGE DR List No.: 1 Sl No.: 4