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2025 Supreme(Online)(Kar) 37647

THE HIGH COURT OF KARNATAKA
ANU SIVARAMAN AND VIJAYKUMAR A. PATIL
SRI MANJUNATH K R – Appellant
Versus
BHASAVARAJ B – Respondent
CCC 756/2024



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO. 756 OF 2024 BETWEEN:

SRI MANJUNATH K R S/O D. RAME GOWDA AGED ABOUT 44 YEARS R/A ASHWINI NILAYA K M ROAD JYOTHI NAGARA CHIKKAMAGALURU 577 102 …COMPLAINANT (BY SRI. CHANDRAKANTH R. PATEL., ADVOCATE)

AND:

Digitally signed by RUPA V BHASAVARAJ B Location: H igh S/O BASAVEGOWDRU Court Of AGE MAJOR Karnataka COMMISSIONER CITY MUNICIPAL COUNCIL CHIKKAMAGALURU CHIKKAMAGALURU 577 102 …ACCUSED (BY SRI. NAGARAJAPPA A.,ADVOCATE)

THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO a) INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR NOT COMPLYING WITH THE ORDER PASSED BY THIS HONBLE COURT IN W.P.NO.14049/2023 (LB-RES) DATED 04.03.2024 VIDE ANNEXURE - A IN EXERCISE OF THE POWERS UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971.

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

ORAL ORDER

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

This contempt petition is filed alleging willful disobedience of the order of the learned Single Judge dated 04.03.2024 passed in W.P.No.14049/2023. The operative portion of the order of the learned Single Judge reads as under:

"[A] The petition in W.P. No.14049/2023 is disposed of with liberty to the petitioner to file a representation with the Commissioner, City Municipal Council, enclosing a certified copy of this order, for recommencement of the proceedings under Section 187 of the Municipalities Act. The Commissioner, City Municipal Council, is directed to initiate appropriate action within a period of two weeks from the date of receipt of such representation and in the light of this Court's observation as aforesaid.

[b] The writ petition in W.P.

No.4730/2024 stands dismissed as withdrawn with liberty to the petitioners to move the Commissioner, City Municipal Council, subject to the conclusion of the proceedings under Section 187 of the Karnataka Municipalities Act."

2. The respondent-accused has filed an affidavit.

The affidavit of the accused indicates that as per the direction of the learned Single Judge steps have been taken and final order under Section 187 of the Karnataka Municipalities Act, 1964, is passed. To that effect, an endorsement to the complainant is issued on 06.05.2025 which is produced as document No.IV. The affidavit also indicates that the order of the Municipal Council is challenged by the owner before the Regional Commissioner.

3. In view of the aforesaid affidavit and the endorsement, we are of the considered view that there is no willful disobedience of the order of the learned Single Judge.

Hence, the contempt proceedings are dropped.

Notice issued to the accused, if any is discharged.

Sd/-

(ANU SIVARAMAN)

JUDGE Sd/-

(VIJAYKUMAR A. PATIL)

JUDGE RV List No.: 3 Sl No.: 43

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