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2026 DAILYLAW 41825 (KAR)

M G GANGAIAH v. SRI G KUMAR NAIK

CCC/139/2023 · 2026-09-17

D K Singh, H Shanthi Bhushan

Contempt Petitionbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010078332023 NC: 2026:KHC:51559-DB CCC No. 139 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN CIVIL CONTEMPT PETITION NO. 139 OF 2023 BETWEEN: M G GANGAIAH S/O GANGADHARIAHA (GANGEGOWDA), AGED ABOUT 76 YEARS, R/AT NO 110, RMV 2ND STAGE, 4TH BLOCK, M.L.A. LAYOUT, BENGALURU 560 094. …COMPLAINANT (BY SRI. SRINIVASA C.,ADVOCATE) AND: 1. SRI G KUMAR NAIK THE COMMISSIONER, THE BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560 020. 2. THE STATE OF KARNATAKA REP. BY SECRETARY TO GOVT. VIDHANA SOUDHA DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001. 3. KARNATAKA PUBLIC WORKS DEPARTMENT REP. BY PRINCIPAL SECRETARY M.S.BUILDING Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010078332023 NC: 2026:KHC:51559-DB CCC No. 139 of 2023 DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001. 4. BRUHAT BENGALURU MAHANAGARA PALIKE REP. BY COMMISSIONER HEAD OFFICE, N.R.SQUARE HUDSON CIRCLE BENGALURU-560 002. …ACCUSED (BY SMT. LATHA.S.S, ADVOCATE FOR SRI. MURUGESH V CHARATI.,ADVOCATE FOR ACCUSED; SRI. B .RAVINDRANATH, AGA FOR PROFROMA R2 & R3; SRI. S. SREENIVAS, ADVOCATE FOR SRI. B.L.SANJEEV, ADVOCATE FOR R4) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON’BLE COURT BE PLEASED TO TAKEN COGNIZANCE AGAINST THE ACCUSED FOR COMMITTING AN ACT OF CONTEMPT OF COURT ACT IN DISOBEYING THE ORDER DATED 16.08.2022 IN WP NO.12454/2022 AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present contempt petition has been filed impugning non-compliance and willful disobedience of the order dated 16.08.2022 passed by the Writ Court in W.P. - 3 - HC-KAR CNR: KAHC010078332023 NC: 2026:KHC:51559-DB CCC No. 139 of 2023 No. 12454/2022 filed by the complainant seeking following relief: “Wherefore for the reasons stated herein above, it is most humbly prayed that this Hon’ble Court may be pleased to taken cognizance against the Accused for committing an act of contempt of court act in disobeying the order dated 16.08.2022 in Writ Petition No.12454/2022 and punish the respondent/accused in accordance with law, in the interest of justice and equity.” 2. The Writ Court Has only directed the respondent authorities to consider the representations filed by the complainant in Annexures- H, H1 and H2. In the affidavit of compliance filed, a specific ground has been taken that complainant’s land has not been utilised by the authority concerned. We are of the view that once the stand has been taken by the authority in categorical terms, the contempt proceedings are not the appropriate proceedings. The petitioner or the complainant may take recourse to the appropriate remedy. No contempt is made out. Therefore, we dismiss this contempt petition with liberty to the complainant to take recourse to the - 4 - HC-KAR CNR: KAHC010078332023 NC: 2026:KHC:51559-DB CCC No. 139 of 2023 appropriate remedy if his grievance has not been addressed regarding the utilisation of his land without proper payment or compensation in violation of Article 300-A of the Constitution of India. Contempt is closed. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK List No.: 2 Sl No.: 2