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2026 DAILYLAW 3984 (KAR)

M/S VENKATESHWARA DEVELOPERS v. MR. TUSHAR GIRINATH

CCC/1113/2025 · 2026-04-17

Jayant Banerji, Venkatesh Naik T

Contempt Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:21264-DB CCC No. 1113 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 1113 OF 2025 BETWEEN: 1. M/S VENKATESHWARA DEVELOPERS A REGISTERED PARTNERSHIP FIRM NO.A1, NITESH CAMP DAVID NO.32(OLD NO.7A), NETAJI ROAD PULAKESHINAGAR, BENGALURU-560005 REPRESENTED BY ITS MANAGING PARTNER SRI PRAVEEN P. SHAH. 2. M/S BALAJI INFRASTRUCTURES AND DEVELOPERS A REGISTERED PARTNERSHIP FIRM NO.A1, NITESH CAMP DAVID NO.32 (OLD NO.7A), NETAJI ROAD PULAKESHINAGAR BENGALURU-560005 REPRESENTED BY ITS PARTNER SRI VIKRAM OSWAL. …COMPLAINANTS (BY SRI. S.M. CHANDRASHEKAR, SENIOR COUNSEL FOR SRI. BRIJESH PATIL, ADVOCATE) Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21264-DB CCC No. 1113 of 2025 AND: 1. MR. TUSHAR GIRINATH ADDITIONAL CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560001. 2. MR. UMASHANKAR S R FORMER ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU - 560001 PRESENTLY RESIDING AT NO.287, 14 CROSS, RMV 2ND STAGE BANGALORE - 560094. 3. MR. NANDA KUMAR B UNDER SECRETARY URBAN DEVELOPMENT DEPARTMENT (BBMP-II AND COORDINATION) VIKASA SOUDHA, BENGALURU - 560001. 4. MR. MAHESHWAR RAO CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) N.R. SQUARE, BENGALURU - 560002. 5. MR. LAKSHMIKANTH S PAWAR MEMBER SECRETARY BENGALURU MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY (BMICAPA) NO.5, 2ND FLOOR, LOOPLANE, RACE COURSE ROAD BENGALURU - 560009. …ACCUSED - 3 - HC-KAR NC: 2026:KHC:21264-DB CCC No. 1113 of 2025 6. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560001. …PROFORMA RESPONDENT (BY SRI. PRABHULING K. NAVADAGI, SENIOR COUNSEL FOR SRI. S.H. PRASHANTH, ADVOCATE FOR A4; SMT.MAMATHA SHETTY, AGA FOR (A1 & A2 ARE RETIRED) A3, A6 (PROFORMA R6); SRI. YOGESH D. NAIK, ADVOCATE FOR A5) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO HOLD THAT THE ACCUSED BY SHOWING SCANT RESPECT TO THE ORDERS PASSED BY THIS HON'BLE COURT AS WELL THE HON'BLE SUPREME COURT HAVE WILLFULLY DELIBERATELY DISOBEYED THE JUDGMENT AND DIRECTIONS ISSUED IN W.P.NO.30279-30282/2013 DATED 20.01.2014 AND THE CONSEQUENTIAL ORDERS PASSED IN W.A.NO.600-601/2014 AND SLP (C) NO.30837-30840/2015 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard learned counsel for the applicants. The prayer made in this contempt petition is as follows:- - 4 - HC-KAR NC: 2026:KHC:21264-DB CCC No. 1113 of 2025 a. Hold that the Accused by showing scant respect to the orders passed by this Hon'ble Court as well as the Hon'ble Supreme Court have wilfully, deliberately disobeyed the judgment and directions issued in W.P.No.30279-30282/2013 dated 20.01.2014 and the consequential orders passed in W.A.No.600-601/2014 and SLP (C) No.30837-30840/2015; b. Initiate contempt proceedings against the Accused under Sections 11 and 12 of the Contempt of Courts Act, 1971; c. Direct the Accused to forthwith withdraw the directions issued in the meeting dated 13.03.2025 at Annexure-S and the communication dated 23.04.2025 at Annexure-U and ensure compliance with the orders dated 20.01.2014 passed in W.P.Nos.30279-30282/2013 by this Hon'ble Court; d. Direct the Accused to forthwith withdraw the directions issued in the meeting dated 05.07.2025 and the communication dated 23.07.2025 at Annexure W and ensure compliance with the orders dated 20.01.2014 passed in W.P.Nos.30279-30282/2013 by this Hon'ble Court; - 5 - HC-KAR NC: 2026:KHC:21264-DB CCC No. 1113 of 2025 e. Pass such other and further orders as this Hon'ble Court may deem fit in the interest of justice and to uphold the dignity of the Court. 2. The alleged violation of an order dated 20.01.2014 is raised in this petition. Learned counsel for the applicant seeks to justify it on the basis of subsequent decisions that have been taken by the authority as mentioned in clause (c) and (d) of the prayers. In our opinion, this petition is wholly beyond the prescribed limitation. Moreover, the judgment alleging violation of which this contempt petition has been filed, is already engaging the attention of the Court in CCC No.416/2017. The petition is therefore dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 0