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2026 DAILYLAW 989 (KAR)

SRI B KARUNAKARA HEGDE v. SRI RAVI CHANDRA NAIK K.A.S

CCC/294/2026 · 2026-04-06

C M Poonacha

Contempt Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:18338-DB CCC No. 294 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 294 OF 2026 BETWEEN: 1. SRI B. KARUNAKARA HEGDE S/O LATE B JAGANNATH HEGDE AGED ABOUT 62 YEARS RESIDING AT FLAT NO.104 WEST END MANOR KANKANADY BYPASS ROAD MANGALURU - 575 002 …COMPLAINANT (BY SRI CHANDRAKANTH R GOULAY, ADVOCATE) AND: 1. SRI RAVI CHANDRA NAIK, K.A.S COMMISSIONER THE MANGALURU CITY CORPORATION M.G. ROAD, LALBAGH DAKSHINA KANNADA (DIST.) MANGALURU - 575 003 2. SRI SHARATH ASST. TOWN PLANNING OFFICER MANGALURU DAKSHINA KANNADA - 560 029 3. SRI SURESH S/O SMT. VASANTHI Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18338-DB CCC No. 294 of 2026 AGED ABOUT 55 YEARS RESIDING AT SOWPARNIKA PADUMANE COMPOUND KANAKANADY BYEPASS ROAD MANGALURU - 575 002 …ACCUSED THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURT ACT,1971 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA AND RULE 5 OF HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DELIBERATE AND INTENTIONAL DIS- OBEDIENCE OF THE ORDER DATED 25.03.2021 OF THIS HON'BLE COURT MADE IN W.P.NO.33548/2019 AS PER ANNEXURE-A AND TO PASS APPROPRIATE SUITABLE ORDERS & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 order dated 25.03.2021 passed by the - 3 - HC-KAR NC: 2026:KHC:18338-DB CCC No. 294 of 2026 learned Single Judge of this Court in Writ Petition No.33548/2019 (LB-RES) [impugned order]. 2. In terms of the said order, the concerned authorities (Mangaluru City Corporation, Mangaluru) have been restrained from taking any further action awaiting the result of the suits filed by the complainant. The complainant was also directed not to occupy the building till the Civil Court declares in his favour. The said order was subsequently modified in writ appeal [W.A.No.555/2021(LB- RES)] and the complainant was permitted to occupy the building subject to the result of pending litigation. 3. The accused issued a notice dated 30.12.2025 for conducting enquiry in respect to the complaint dated 04.09.2025 and 13.11.2025. According to the complainant the said notice is contumacious and amounts to willful disobedience of the order of this Court. 4. Issuing a notice cannot be construed as an action, which has been interdicted by the order dated 25.03.2021. The complainant submitted that a copy of the said order has also been furnished to - 4 - HC-KAR NC: 2026:KHC:18338-DB CCC No. 294 of 2026 the concerned authorities. Needless to state that the authorities shall bear the same in mind. 5. There are no grounds for initiating proceedings under the Contempt of Courts Act, 1971. The complaint is, accordingly, dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KMV List No.: 2 Sl No.: 7