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High Court of Karnataka · body

2026 DAILYLAW 7194 (KAR)

SHRI DODDA ASWATHANARAYANA SWAMY v. MR. TANMAY KUMAR

CCC/1130/2025 · 2026-02-06

C M Poonacha

Contempt Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:7076-DB CCC No. 1130 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 1130 OF 2025 BETWEEN: 1. SHRI DODDA ASWATHANARAYANA SWAMY S/O. MUNIYAPPA AGED ABOUT 65 YEARS RESIDING AT NO. 15/1 1ST FLOOR, HAL 2ND STAGE DOOPANAHALLI BENGALURU - 560 008. …COMPLAINANT (BY SRI DORE RAJ B.H., ADVOCATE) AND: 1. MR. TANMAY KUMAR SECRETARY THE UNION OF INDIA MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INDIRA PARYAVARA BHAWAN JHOR BHAG ROAD NEW DELHI - 110 003 REPRESENTED BY ITS SECRETARY 2. MR. SRINIVASULU PRINCIPAL SECRETARY STATE OF KARNATAKA DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7076-DB CCC No. 1130 of 2025 (ECOLOGY AND ENVIRONMENT) NO. 709, 7TH FLOOR, 4TH STAGE M.S. BUILDINGS DR. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001 3. SHRI B. GURUPRASAD S/O. B. K. BASAPPA AGED ABOUT MAJOR ENGINEER IN CHIEF (RETD.) AND FORMER SECRETARY TO GOVERNMENT OF KARNATAKA R/AT NO. 213, 'G' BLOCK 10TH CROSS, SAHAKARANAGARA BENGALURU - 560 092 4. SHRI LAKSHMIKANTH H.M. SRISHTI INTERNATIONAL (APPLIED RESEARCH AND ENVIRONMENT) NO.1294, VAJRAKAYA, 5TH BLOCK SIR M. VISVESWARAIAH LAYOUT ULLALU, BENGALURU - 560 056 5. SHRI MAHESH A.N. S/O. NINGE GOWDA ARUNODHAYA NILAYA NETHRAVATHI STREET RAMESHWARANAGAR CHIKKAMAGALURU - 577 101 6. SHRI. RAVI KUMAR YADAV B.V. NO.1326, 1ST CROSS BEHIND MAHALAXMI TEMPLE KSRTC COLONY M.P. PRAKASH NAGAR HOSPETE - 583 201 7. DR. BALAKRISHNA S. MADDODI S/O. SRINIVAS MADDODI AGED ABOUT 53 YEARS NO.109, ANANTHNAGAR MANIPAL, UDUPI DISTRICT KARNATAKA - 576 104 - 3 - HC-KAR NC: 2026:KHC:7076-DB CCC No. 1130 of 2025 8. SHRI DRUVA KUMARA. B.Y. NO.329, BETTADAHALLI POST TARIKERE TALUK CHIKKAMAGALURU DISTRICT KARNATAKA - 577 228 9. DR. SANGAMESH KOLLIYAR AGED ABOUT MAJOR MEDICAL DIRECTOR ASHRAYA HOSPITAL SUNKADAKATTE, MAGADI ROAD BENGALURU - 560 091 …ACCUSED 10. STATE OF KARNATAKA DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT (ECOLOGY AND ENVIRONMENT) NO.709, 7TH FLOOR, 4TH STAGE M.S. BUILDINGS DR. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY …PRO FORMA RESPONDENT (BY SRI UNNIKRISHNAN M., CGSC FOR ACCUSED No.1, SRI S.H. RAGHAVENDRA, AGA FOR ACCUSED Nos.2 & 10 SRI SHIVARAJ N. ARALI, ADVOCATE FOR ACCUSED Nos.3 & 4, SRI ADIT CHANDRANGOUAR, ADVOCATE FOR ACCUSED NOS. 5, 7 & 9 SRI YASHODHAR HEGDE, ADVOCATE FOR ACCUSED No.6 & 8) THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971, PRAYING TO ADJUDGE AND HOLD THAT THE ACCUSED HAS COMMITTED CONTEMPT OF THIS HON'BLE COURT'S INTERIM ORDER DATED 17.01.2025 IN W.P.NO.15267/2024 (ANNEXURE-A) & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:7076-DB CCC No. 1130 of 2025 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 willful disobedience of the interim order dated 17.01.2025 passed by a Coordinate Bench of this Court in Writ Petition No.15267/2024 (GM-RES). In terms of the said order, this Court had directed, "the matter under impugned notification shall not be precipitated till the next date of hearing." 2. It is to be noted that the challenge under the writ petition was to a notification dated 08.03.2024 issued by the Central Government in exercise of powers under Section 3 of the Environment (Protection) Act, 1986, whereby the Central Government had constituted the State Level Environment Impact Assessment Authority for the State of Karnataka. In terms of the said notification, the Central Government had also constituted the State Level Expert Appraisal Committee for the State of Karnataka. 3. There is a serious dispute between the parties as to the interpretation of the interim order. Whilst, the complainant claims that by virtue of the interim order, the committees/authorities - 5 - HC-KAR NC: 2026:KHC:7076-DB CCC No. 1130 of 2025 constituted by the notification cannot take any decision, the accused stoutly dispute the same. 4. We are unable to accept that the interim order, the disobedience of which is alleged, contains any unequivocal direction restraining the functioning of the committees/authorities constituted under the impugned notification. 5. Given the issues regarding interpretation of the said order, we are unable to accept that any proceeding for willful disobedience of the interim order is required to be initiated against the accused under the Contempt of Courts Act, 1971. 6. We, accordingly, close the present complaint. 7. However, we leave it open for the complainant to seek appropriate clarification in the pending writ petition. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB, List No.: 2 Sl No.: 20