Case details

Court: Karnataka High Court · Principal Bench, Bengaluru
Decided: 28 August 2026
Bench: Jayant Banerji, Tara Vitasta Ganju
Citations: 2026:KHC:46584
Case number: CCC/364/2025
CNR: KAHC010202722025
Type: Judgment (CONSIGNED)

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CNR: KAHC010202722025, case CCC/364/2025 (search it on the eCourts High Court services website (CNR Number tab))

Karnataka High Court

CCC/364/2025 of MR.MASOOD AHMED SHARIFF Vs SMT.SHILPA NAG IAS on 28 August 2026

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CNR: KAHC010202722025 NC: 2026:KHC:46584-DB CCC No. 364 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU CIVIL CONTEMPT PETITION NO. 364 OF 2025 BETWEEN:

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF AUGUST, 2026

PRESENT

THE HON'BLE MR. JUSTICE JAYANT BANERJI

AND

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

CIVIL CONTEMPT PETITION NO. 364 OF 2025

BETWEEN:

MR. MASOOD AHMED SHARIFF,

S/O LATE KHALEEL AHMED SHERIFF,

AGED ABOUT 60 YEARS,

R/AT NO.815, OPP. BEO OFFICE,

NEAR SULTAN SHERIFF CIRCLE,

SATHY ROAD,

CHAMARAJNAGAR-571 313.

MR. KHIZER ANWAR

S/O LATE MR ANWAR PASHA,

AGED ABOUT 68 YEARS,

R/AT SHERIFF BUILDING,

ANWARPASHA MOHALLA,

CHAMARAJANAGAR-571 313.

SMT FARZANA BATOOL,

W/O LATE AJMAL PASHA,

AGED ABOUT 55 YEARS,

K.P.MOHALLA,

BESIDE K.S.R.T.C. BUS STAND,

CHAMARAJANAGAR-571 313.

Digitally

signed by K S

RENUKAMBA

Location:

High Court of

Karnataka

HC-KAR

SRI MOHAMMED RIYAN ISMAIL,

S/O LATE MR AZMATH PASHA,

AGED ABOUT 19 YEARS,

R/AT 12/123, DIVIATION ROAD,

K.P.MOHALLA,

BESIDE K.S.R.T.C. BUS STAND,

CHAMARAJANAGAR-571 313.

MR MOHAMMED INAYATHULLA,

S/O LATE SMT SABIRA BEGUM,

AGED ABOUT 60 YEARS,

#13/155, DIVIATION ROAD,

K.P.MOHALLA,

CHAMARAJANAGAR-571 313.

MR. SYED INAYATHULLA

S/O LATE SYED RASOOL SAHEB,

AGED ABOUT 70 YEARS,

#12/51, K P MOHALLA,

2ND CROSS, K.S.R.T.C. BUS STAND ROAD,

CHAMARAJANAGAR - 571 313.

MR. SRINIVASAN,

S/O SRI ARUN CHETTIYAR,

AGED ABOUT 63 YEARS,

#14/360, BTS BUILDING,

DEVIATION ROAD,

CHAMARAJANAGAR-571 313.

MRS. AFROZ BEGUM,

W/O LATE MR ILIYAS AHMED,

AGED ABOUT 61 YEARS,

R/AT NO.21/206,

DEVIATION ROAD,

JAMIYA MASCHID

CHAMARAJANAGAR-571 313.

HC-KAR

MRS FIRDOS KHANUM,

W/O LATE MR MAHBOOB SHARIFF,

AGED ABOUT 63 YEARS,

R/AT #9/147, MUBARAK MOHALLA,

CHAMARAJANAGAR-571 313.

10.

SRI C.R.SRINIVASAN

S/O LATE SRI C V RAMAN

AGED ABOUT 76 YEARS,

DEVIATION ROAD,

RAMVILAS BOUNDARY ROAD,

OPP. MAHESH GAS OFFICE,

CHAMARAJANAGAR-571 313.

11.

MR. MOHAMMED HABEEBULLA,

S/O LATE MOHAMMED HAMEEDULLA,

AGED ABOUT 59 YEARS,

#12/121, K.P.MOHALLA,

DIVIATION ROAD, K.S.R.T.C. BUS STAND,

CHAMARAJANAGAR-571 313.

12.

MR C.N.MANJUNATH

S/O LATE SRI NANJUNDASWAMY,

AGED ABOUT 55 YEARS,

#C-198, DEVANGA ROAD,

2ND CROSS, NEAR ORION GODOWN,

CHAMARAJANAGAR-571 313.

13.

MR SIMON D’SILVA

S/O MR AMBROSE D’SILVA

AGED ABOUT 70 YEARS

R/AT #22/295, WARD-22,

DEVIATION ROAD,

CHAMARAJANAGAR -571 313.

HC-KAR

14.

MR MOHAMMED AKBAR PASHA,

S/O LATE MR ABDUL RASHEED,

AGED ABOUT 70 YEARS,

#22/778, DIVIATION ROAD,

CHAMARAJANAGAR-571 313.

15.

MR NISAR AHMED,

S/O LATE SRI BAPU SAHIB,

HUSBAND OF LATE SABIHA BEGUM,

AGED ABOUT 73 YEARS,

#19/229, DIVIATION ROAD,

JAMIYA MASJID MOHALLA,

BESIDE KSRTC BUS STAND,

CHAMARAJANAGAR - 571 313.

16.

MR. C N ASIFULLA,

S/O LATE SRI NAZIR AHMED,

AGED ABOUT 64 YEARS,

#22/264, BRAMARAMBA

EXTENSION, 3RD CROSS,

CHAMARAJANAGAR -571 313.

17.

SRI M C BALASUBRAMANYA

S/O SRI M A CHINNAMURTHY,

AGED ABOUT 48 YEARS,

R/AT #1155, 6TH CROSS,

BRAMARAMBA EXTENSION,

CHAMARAJANAGAR -571 313.

18.

MR MOHAMMED SAMIULLA,

S/O LATE SRI. MOHAMMED HAMEEDULLA,

AGED ABOUT 49 YEARS,

#12/121, 3RD CROSS,

K.P.MOHALLA, CHAMARAJANAGAR - 571 313.

HC-KAR

19.

MR. SYED GAFOOR,

S/O LATE SRI SYED AFEEZ,

AGED ABOUT 58 YEARS,

R/AT #13/238, 3RD CROSS,

K.P.MOHALLA,

CHAMARAJANAGAR - 571 313.

20.

SRI. C SATISH

S/O LATE SRI P CHIKKAMADI SHETTY,

AGED ABOUT 47 YEARS,

PRESENTLY AT GAURAV RESIDENCY,

GROUND FLOOR,

#102, NEAR PETROL BUNK,

LAKSHMIPURAM,

MYSURU-570 004.

21.

SRI V.VENKATESH PRASAD

S/O LATE SRI. V ANAND VITTAL,

AGED ABOUT 49 YEARS,

#80, MUDA EMPLOYEES LAYOUT,

DATTAGALLI, MYSURU-570 022.

22.

SMT.SYEDA THASEENA BATHOOL,

W/O LATE MR.AZMATH PASHA,

AGED ABOUT 52 YEARS,

K.P.MOHALLA,

BESIDE KSRTC BUS STAND,

CHAMARAJANAGAR-571 313.

…COMPLAINANTS

(BY SRI.RAGHUNATH M.D., ADVOCATE)

HC-KAR

AND:

SMT. SHILPA NAG, IAS,

THE DEPUTY COMMISSIONER,

CHAMARAJNAGAR DISTRICT,

CHAMARAJNAGAR-571 313.

…ACCUSED NO.1

THE STATE OF KARNATAKA

BY ITS SECRETARY

DEPARTMENT OF REVENUE

VIDHANA SOUDHA,

BENGALURU-560 001.

…PROFORMA RESPONDENT NO.2

(BY SMT.NAMITHA MAHESH.B.G., AGA FOR

PROFORMA RESPONDENT NO.2 AND ACCUSED NO.1)

THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS

11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE

COMPLAINANTS, WHEREIN PRAYS THAT THIS HON’BLE COURT MAY

BE PLEASED TO TAKE SUITABLE ACTION AGAINST THE ACCUSED

FOR NON-COMPLIANCE OF THE ORDERS PASSED BY THIS HON’BLE

COURT

W.P.NO.55267/2017(GM-RES),

C/W

W.P.NO.54228/2017(GM-RES),

W.P.NO.311/2018(GM-RES),

W.P.NO.5505/2018(GM-RES)

AND

W.P.NO.8290/2018(GM-RES)

DATED 17.09.2024 AT ANNEXURE-A.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER

WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI

and

HON'BLE MS. JUSTICE TARA VITASTA GANJU

HC-KAR

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ORAL ORDER

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

Heard the learned counsel for the complainants and the learned AGA appearing for accused No.1 and proforma respondent No.2.

2. This petition is filed by the complainants for taking action against the accused for non-compliance of the order passed by this Court in Writ Petition No.55267/2017 c/w W.P.Nos.54228/2017, 311/2018, 5505/2018 and 8290/2018 dated 17.09.2024.

3. The operative part of the order dated 17.09.2024 appears on page 31 of this Contempt Petition, reads as follows: "1. The writ petitions are allowed-in-part.

2. The Deputy Commissioner, Chamaraja Nagar District, is directed to take appropriate steps to satisfy the statement/undertaking made under affidavit dated 22.02.2023 in CCC No.1696/2018 within three months from the date of service of this order.

3. No order as to costs."

4. When queried by the Court, the learned counsel for the complainants has stated that the statement/undertaking

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made under affidavit dated 22.02.2023 in CCC No.1696/2018 is enclosed as part of the memo dated 18.08.2026. Learned counsel has referred to clause 'e' and 'f' of paragraph No.8, who are Mr.Masood Ahmed Shariff and Mr.Khizer Anwar. They are respectively complainant Nos.1 and 2 in this complaint. It is stated that the undertaking given in the two clauses that is 'e' and 'f' of paragraph No.8 contain the undertaking given by the Deputy Commissioner, which is referred to in the order of the Writ Court dated 17.09.2024.

5. The aforementioned clause 'e' and 'f' of paragraph No.8 appearing in the compliance affidavit dated 22.02.2023 reads as under: "(e) It is most respectfully submitted that the complainant No.5 has similarly claimed House No.734/690. The said complainant was not paid the value of the land since he was found to be in unauthorised occupation of the lands in question. However, on humanitarian grounds and as per the

Order

passed by this Hon'ble Court in C.C.C.No.1803/2017 dated 26.03.2018, compensation was paid towards the house of the complainant and total amount of compensation paid is Rs.8,50,116/- towards the house of the

HC-KAR

said Complainant. A copy of the award amount paid is produced herewith as ANNEXURE-R10.

(f) It is most respectfully submitted that the complainant No.6 has similarly claimed House No.713/677. The said complainant was not paid the value of the land since he was found to be in unauthorised occupation of the lands in question. However, on humanitarian grounds and as per the

Order

passed by this Hon'ble Court in C.C.C.No.1803/2017 dated 26.03.2018, compensation was paid towards the house of the complainant and total amount of compensation paid is Rs.4,38,166/- towards the house of the said Complainant. A copy of the award amount paid is produced herewith as ANNEXURE-R11."

6. In our considered opinion, there is no undertaking appearing in the said paragraphs. As a matter of fact, the Writ Court has particularly taken care to mention "statement/undertaking" in the operative part of its order. Therefore, clause 'e' and 'f' aforesaid in paragraph No.8 of the affidavit dated 22.02.2023 only refers to the total amount of compensation as having been paid to complainant Nos.1

HC-KAR

and 2. This contempt petition is therefore wholly misconceived and is therefore consigned.

The pending I.As if any, stand disposed of.

Sd/- (JAYANT BANERJI) JUDGE

Sd/- (TARA VITASTA GANJU) JUDGE

KG List No.: 1 Sl No.: 4