- 1 - HC-KAR NC: 2026:KHC:10452-DB C.C.C. No.819/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO.819/2023 BETWEEN: 1. SMT. D.P. PUSHPA W/O D. PREMAPPA AGED ABOUT 69 YEARS R/O. VINITANA, D.NO.3643/30 4TH MAIN, 9TH CROSS S S LAYOUT, B BLOCK DAVNAGERE 577006. 2. SMT. PARIMALA P. RAJESH W/O P. RAJESH D/O D. PREMAPPA AGED 49 YEARS D.NO 73/1, PUTTA KRUPA P. HALESHAPPA ROAD DAVANAGERE 577006. 3. D.P. PRANESH KUMAR S/O D. PREMAPPA AGED 47 YEARS R/O VINUTANA, D.NO.3643/30 4TH MAIN, 9TH CROSS S.S. LAYOUT, B BLOCK DAVANAGERE 577006. 4. D.P. PRADEEP S/O D. PREMAPPA AGED 45 YEARS, R/O VINUTANA, D.NO.3643/30 Digitally signed by ARSHIFA BAHAR KHANAM HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10452-DB C.C.C. No.819/2023 4TH MAIN, 9TH CROSS S.S. LAYOUT, B BLOCK DAVANAGERE 577006. …COMPLAINANTS (BY SRI. PRAMOD R, ADV.,) AND: B.T. KUMARASWAMY S/O B.S. THIMMAPPA AGED 49 YEARS WORKING AS COMMISSIONER DAVANAGERE - HARI HARA URBAN DEVELOPMENT AUTHORITY DAVANAGERE 577006. …ACCUSED (BY SRI. BRIJESH PATIL, ADV.,) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND HOLD THE ACCUSED GUILTY FOR DISOBEYING THE ORDERS OF THIS HON'BLE COURT IN W.P.NO.13169/2018 DATED 10.06.2022, AS EVEN THOUGH ACCUSED IS AWARE OF THE ORDER OF THIS HON'BLE COURT, ACCUSED HAS DISOBEYED THE ORDER PASSED BY THIS HON'BLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:10452-DB C.C.C. No.819/2023 ORAL ORDER (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) 1. This contempt petition is filed alleging willful disobedience of the order dated 10.06.2022 passed in W.P.No.13169/2018. 2. The learned Single Judge considered the affidavit of the Commissioner, Davanagere - Harihara Urban Development Authority, more particularly Paragraph 4 of the affidavit and disposed of the writ petition. The affidavit of the Commissioner indicates that they undertook before the learned Single Judge that they would conduct the joint survey and find out whether the land of the decree holder is acquired or not and if it is acquired they would pay the compensation and if it is not acquired, they would hand over the same. 3. The Commissioner filed an affidavit dated 05.02.2026 which indicates that as undertook before the learned Single Judge, they have issued notice for conducting joint survey and the joint survey was conducted on 06.07.2022 and came to the conclusion that they have not utilized the land of the complainant - decree holder. - 4 - HC-KAR NC: 2026:KHC:10452-DB C.C.C. No.819/2023 4. Learned counsel appearing for the complainant filed an affidavit pointing out that there is no dispute with regard to handing over possession of the complainant's land. However, still there is transformer and pipe lines in the land. He makes the said submission with reference to the photographs produced along with the affidavit and the letter dated 04.08.2022 of the Commissioner, Davanagere - Harihara Development Authority to the Commissioner, Davanagere Municipal Corporation. It is to be noticed that the direction of the learned Single Judge was to conduct the joint survey and find out whether the property of the complainant is utilized or not. 5. Now, the authority has come to the conclusion that there is no utilization of the land and the property of the complainant is handed over to him after the joint survey, we are of the view that there is no willful disobedience of the order of the learned Single Judge or the undertaking given by the Commissioner before this Court. The grievance of the complainant with regard to the transformer and laying of the pipe line by the authority is - 5 - HC-KAR NC: 2026:KHC:10452-DB C.C.C. No.819/2023 beyond the scope of this proceedings. Keeping open such contentions, the contempt proceedings are dropped. 6. Notice issued to the accused shall stand discharged. 7. The complainant shall work out his remedies in accordance with law with regard to his grievance, if any. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE GH List No.: 3 Sl No.: 41