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2026 DAILYLAW 3431 (KAR)

PHILIP STEPHEN v. SMT. K S LATHA KUMARI

CCC/1440/2025 · 2026-04-09

C M Poonacha

Contempt Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19782-DB CCC No. 1440 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 1440 OF 2025 BETWEEN: 1. PHILIP STEPHEN S/O LATE A.B. STEPHEN AGED ABOUT 64 YEARS PRESENTLY R/O. No.347 7TH MAIN ROAD, VIVEK NAGAR BANGALORE - 560 047 ALSO AT, R/A HOUSING BOARD SAKALESHPURA TOWN - 573 134 …COMPLAINANT (BY SRI SUMANTH L. BHARADWAJ., ADVOCATE) AND: 1. SMT. K.S. LATHA KUMARI THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN - 573 201 …ACCUSED 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT BENGALURU - 560 001 …PRO FORMA RESPONDENT (BY SRI S.H. RAGHAVENDRA, AGA) Digitally signed by K P SWETHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19782-DB CCC No. 1440 of 2025 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 THE SUMMONS/ NOTICES MAY KINDLY BE ISSUED TO THE ACCUSED PERSON AND THEY MAY BROUGHT BEFORE THIS HON'BLE COURT AND TRIED AND PUNISHED FOR THE OFFENCE OF CONTEMPT OF COURT COMMITTED BY THEM BY SHOWING DELIBERATE DISRESPECT AND BY WILLFUL DISOBEDIENCE OF THE FINAL ORDER OF THIS HON'BLE COURT DATED 06.06.2025 PASSED BY THIS HON'BLE COURT IN W.P.NO.24970/2024 (KLR-RES) IN THE INTEREST OF JUSTICE AND EQUITY. A COPY OF THE SAID ORDER IS HEREWITH SUBMITTED AS ANNEXURE-A. 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 MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. The complainant has filed the present complaint alleging wilful disobedience of the order dated 06.06.2025 passed by the learned Single Judge in W.P.No.24970/2024 (KLR-RES). 2. In terms of the said order, the learned Single Judge had directed the accused to comply with the affidavit filed in CCC No.17/2021 within a period of two weeks. Copy of the said affidavit has not been placed on record. However, the learned counsel for the complainant has drawn the attention of this Court to - 3 - HC-KAR NC: 2026:KHC:19782-DB CCC No. 1440 of 2025 paragraph 5 of the order dated 06.06.2025 which indicates that an order has been passed granting 2 acres of land by the accused in that case. 3. Pursuant to the said direction, a compliance affidavit has been filed affirming that pursuant to the order passed in W.P.No.24970/2024, an order has been passed granting 2 acres of land in Survey No.8 of Janapura Village on terms and conditions. 4. The complainant is satisfied with the said grant order. However, he is aggrieved that the possession of the same has not been handed over to the complainant. 5. The reason why possession has not been handed over is reflected in paragraph 9 of the affidavit of compliance wherein, it is affirmed that the land in question has been encroached upon by an unauthorised occupant and therefore, the encroacher has to be evicted for which, a minimum of two months is required. 6. We note that the order dated 06.06.2025, the disobedience of which is alleged, does not contain any specific direction of handing over the possession. Therefore, we are unable to accept - 4 - HC-KAR NC: 2026:KHC:19782-DB CCC No. 1440 of 2025 that any proceedings for wilful disobedience of the order are required to be initiated under the Contempt of Courts Act, 1971. 7. The complaint is accordingly closed. However, the accused shall take necessary steps for ensuring that the possession of the granted land is handed over to the complainant. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 1 Sl No.: 12