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2026 DAILYLAW 38554 (KAR)

SMT. S N SUMA v. THE STATE OF KARNATAKA

CCC/258/2026 · 2026-09-03

Jayant Banerji, Rajesh Rai K

Contempt Petitionbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010147692026 NC: 2026:KHC:48183-DB CCC No. 258 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE RAJESH RAI K CIVIL CONTEMPT PETITION NO. 258 OF 2026 BETWEEN: SMT. S N SUMA D/O LATE S.N SHASTHRI @ NANJUNDASHASTHRI AGED ABOUT 65 YEARS, R/AT NO. 1015/59 VI CROSS, I MAIN, BSK I STAGE, 2ND BLOCK, BANGALORE- 560 050 …COMPLAINANT (BY SRI. RAVI SHANKAR K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE 560001 PROFORMA RESPONDENT 2. DR.ANURADHA.K.N THE DEPUTY COMMISSIONER ADMINISTRATIVE OFFICE, KUNDANA, DEVANAHALLI TALUK BANGALURU RURAL DISTRICT- 562 110 …ACCUSED (BY SMT.NAMITHA MAHESH.B.G., AGA FOR PROFORMA R1 & A2) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURT ACT, 1971 PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED/DEPUTY COMMISSIONER FOR WILFUL AND DELIBERATE DISOBEDIENCE OF Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010147692026 NC: 2026:KHC:48183-DB CCC No. 258 of 2026 THE ORDER DATED 18.07.2025 PASSED BY THIS HON'BLE COURT IN W.P.NO.4364/2025 (KLR-RES). THIS CIVIL CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) 1. Heard learned Counsel for the complainant and learned AGA for the accused. 2. This contempt petition is filed alleging wilful and deliberate disobedience of the order dated 18.07.2025 passed by this Court in W.P.No.4364/2025. The part of the order, contempt of which is alleged is quoted below: "6. In light of the submissions made by the learned counsel appearing for the parties, on careful examination of clause 2 of the Gift Deed dated 08.08.1957 (Annexure - C) reads as under: "2. whereas without Prejudice to the right and ownership of the schedule property in the donor if the schedule land is not utilise as per the property the donor is reserve liberty to seek written back the or position of the schedule property." 7. On careful examination, the Gift Deed makes it clear that, the land in question has been donated to the respondent government for the purpose - 3 - HC-KAR CNR: KAHC010147692026 NC: 2026:KHC:48183-DB CCC No. 258 of 2026 of construction of the school, taking into consideration the movement in Bhoodan and Vidyadan for educational institutions. In that view of the matter, as it is contended by the learned counsel appearing for the petitioner that the land has not been utilized by the respondent-authorities and no construction of the school has been commenced for nearly 7 decades and therefore, I found force in the submission made by the learned counsel appearing for the petitioner, to direct the respondent No.2 to take decision in the matter, by making spot inspection and in the event if the land in question is vacant as on the date. The spot inspection, to be made within six weeks from the receipt of this order. Respondent No.2 shall take decision in the matter, taking into consideration, clause 2 of the Gift Deed at Annexure - C in the writ petition. 8. In that view of the matter, the direction is issued to the respondent No.2 to conduct a spot inspection insofar as the land in question is concerned and take decision in the matter in terms of clause 2 of the Gift Deed produced at Annexure - C at the earliest." 3. In the compliance affidavit filed by Sri Shivashankar, serving as Deputy Commissioner, Bangalore Rural District, it is inter alia stated as follows: "4. I respectfully submit that as per the directions issued by this Hon'ble Court on 18.07.2025, the spot inspection of land bearing Sy.No.9 of Vanamanahalli Village, Sulibele Hobli, Hosakote Taluk was carried out on 25.10.2025 by the Deputy Commissioner, Bangalore Rural District and it was found that Taluk and Hobli level sports meet was conducted in the said place and report Dated:28.11.2025 was submitted by Deputy Director (Administration), Education Department stating that the subject land has been utilizing for Sports Activities and Taluk and Hobli Sports meet and a proposal is - 4 - HC-KAR CNR: KAHC010147692026 NC: 2026:KHC:48183-DB CCC No. 258 of 2026 under consideration to construct a sports hostel in the subject land. Therefore stating the above facts endorsement dated: 15.12.2025 is issued to the complainant herein. The report of Deputy Director (Administration), Education Department dated: 28.11.2025 and translated copy is herewith produced and marked as ANNEXURE-R1 and endorsement dated: 15.12.2025 and translated copy is herewith produced and marked as ANNEXURE-R2." 4. In this view of the matter, it is evinced that the order of the learned Single Judge in the writ petition has been complied with. The contempt case is consigned. Sd/- (JAYANT BANERJI) JUDGE Sd/- (RAJESH RAI K) JUDGE KSR List No.: 1 Sl No.: 23