Karnataka High Court

CCC/1636/2025 of RAGHAVA Vs M.MAHESHWAR RAO on 27 August 2026

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CNR: KAHC010832482025 NC: 2026:KHC:46192-DB CCC No. 1636 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH 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.1636 OF 2025 BETWEEN:

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH 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.1636 OF 2025

BETWEEN:

RAGHAVA

S/O G. M. KRISHNA REDDY

AGED ABOUT 37 YEARS

R/AT NO.31, 1ST FLOOR,

1ST CROSS, MANJUNATHA LAYOUT,

YELLUKUNTE, MANGAMMANAPALYA,

BOMMANAHALLI,

BANGALORE – 560 068

…COMPLAINANT

(BY SRI. NATARAJA H C, ADVOCATE)

AND:

1.

M. MAHESHWAR RAO

THE COMMISSIONER

BBMP OFFICE, HUDSON CIRCLE

CORPORATION

BANGALORE – 560 001

2.

DR. DRAKSHAYINI

THE JOINT COMMISSIONER

BBMP OFFICE, MAHADEVAPURA

WHITEFIELD ROAD

BANGALORE – 560 066

Digitally

signed by JAI

JYOTHI J

Location:

High Court of

Karnataka

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3.

RAVI KUMAR

THE EXECUTIVE ENGINEER

BBMP OFFICE,

MAHADEVAPURA

WHITEFIELD ROAD

BANGALORE – 560 066

4.

MRS. LAKSHMIDEVAMMA

ALIAS V.N. LAKSHMAMMA

W/O G.M MANJUNATH

AGED ABOUT 64 YEARS

R/AT NO.31, SAI KRUPA

1ST CROSS, MANJUNATHA LAYOUT

YELLUKUNTE, BANGALORE – 560 068

…ACCUSED

(BY SRI. BATHE GOWDA K.V, ADVOCATE FOR A1 TO A3; SRI. M.S.VARADARAJAN, ADVOCATE FOR A4)

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE

CONTEMPT OF COURT ACT, PRAYING TO TAKE COGNIZANCE

OF THE OFFENCE COMMITTED BY THE ACCUSED UNDER THE

PROVISIONS

OF

THE

CONTEMPT

OF

COURT

ACT,

IN

VIOLATING THE ORDER DATED 24.10.2025 PASSED IN W.P

NO.29031/2025 CONSEQUENTLY SECURE THE PRESENCE OF

THE ACCUSED AND PUNISH THEM IN ACCORDANCE TO LAW

AND FURTHER PASS SUCH OTHER ORDER / ORDERS AS THIS

HON’BLE

COURT

DEEMS

FIT

TO

GRANT

IN

THE

CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE

AND EQUITY.

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)

Violation of an interim order dated 24.10.2025, passed by this Court in Writ Petition No.29031/2025 is alleged. The interim order aforesaid directed as follows: “INTERIM ORAL ORDER (VIDEO CONFERENCING / PHYSICAL HEARING) Pending issue of Rule nisi in the aforesaid Writ Petition it is hereby ordered by this Court on FRIDAY, THE 24TH DAY OF OCTOBER 2025 BY THE HON’BLE MR. JUSTICE R. NATARAJ as follows: Sri. Bathe Gowda.K.V. learned counsel is directed to accept notice for respondent Nos.1 to 3. Issue emergent notice to respondent No.4. Learned counsel for the respondent Nos.1 to 3 is secure instructions from the concerned engineer as to whether the construction put up by the respondent No.4 is in accordance with the plan sanctioned and if not, to take appropriate steps to arrest the construction put up. The concerned officer shall also take the help of the police to ensure that the respondent No.4 shall not put up any further construction.

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SCHEDULE PROPERTY All that piece and parcel of Eastern Portion of property bearing BBMP Khatha No. 75/66/66, situated at Gunjur Village, Varthur Hobli, Bangalore East Taluk presently under BBMP ward no. 149, measuring 3407.75 sq.ft. and bounded as follows: East by: Road West by: Property belonging to Children of Ramaiah reddy North by: Property belonging to G.N. Ganesh South by: Property belonging to Shivakumar.”

2. A reply affidavit has been filed on 25.08.2026, on behalf of the accused Nos.1, 2 and 3. The deponent is Sri.Ravi Kumar, Executive Engineer, Mahadevapura Sub- Division, Bangalore East City Corporation. It is stated therein that the construction was commenced by the accused No.4 after obtaining a sanctioned building plan, permitting construction of a residential building consisting of stilt floor + ground floor + two upper floors. However, during inspection, certain deviations from the sanction plan were made. Thereafter, statutory proceedings were initiated.

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3. A provisional order is stated to have been passed directing the accused No.4 to immediately stop all further construction activities and to remove the unauthorised construction.

4. A notice was subsequently issued under Section 243(3)(d) of the Greater Bengaluru Governance Act, 2024. Denial of the notice was submitted by accused No.4. Thereafter, the competent authority passed a final/confirmation order dated 20.07.2026, which has been dispatched. It has been stated that there is no willful, deliberate or intentional disobedience of the order passed by this Court, and the accused has at all times acted bonafide and in faithful discharge of his official duties, by promptly initiating statutory proceedings, directing stoppage of construction activity, and taking all consequential measures as permissible under law. It is further stated that the essential ingredients constituting

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civil contempt are absent in the facts and circumstances of the case.

5. The learned counsel for the complainant states that the writ petition in which the aforesaid interim order was passed is still pending. Given the action taken by the accused who has filed the reply affidavit, it is evident that the construction of the building has been stopped.

6. This contempt petition is therefore consigned.

Sd/- (JAYANT BANERJI) JUDGE

Sd/- (TARA VITASTA GANJU) JUDGE

JJ List No.: 1 Sl No.: 24

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