Karnataka High Court
CCC/479/2025 of NAGARJUNA GREEN RIDGE Vs AMJED KHAN on 23 July 2026
CNR: KAHC010278102025 NC: 2026:KHC:37932-DB CCC No. 479 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL CONTEMPT PETITION NO. 479 OF 2025 BETWEEN:
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
CIVIL CONTEMPT PETITION NO. 479 OF 2025
BETWEEN:
1.
NAGARJUNA GREEN RIDGE
APARTMENT OWNERS' ASSOCIATION
REPRESENTED BY AUTHORISED SIGNATORY
MR. SHANTANU PANDEY
S/O SHRI B.P. PANDEY
AGED ABOUT 48 YEARS
RESIDING AT F-603
NAGARJUNA GREENRIDGE APARMENTS
HSR LAYOUT SECTOR-2
CONSTITUTED VIDE DEED OF DECLARATION
REGISTERED UNDER KARNATAKA
APARTMENT OWNERSHIP ACT, 1972
REGISTERED BEFORE BOMMANAHALLI
SENIOR SUB REGISTRAR
BEARING DOCUMENT NO.
BNG(U)-BMH-7062-2007-08
HAVING ADDRESS
15/2, 19TH MAIN, 27TH CROSS
SECTOR 2, HSR LAYOUT
BENGALURU 560 102
…COMPLAINANT
(BY SRI KARTIKEYA KHANNA, ADVOCATE)
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
HC-KAR
AND:
1.
AMJED KHAN
S/O P. NAZER KHAN
AGED ABOUT MAJOR
SITE NO.6, RAGHAVENDRA NILAYA
19TH MAIN, SECTOR 2
HSR LAYOUT
BENGALURU - 560 102
ALSO AT NO.3, 2ND CROSS
24TH MAIN
HAMILTON BAILEY HOSPITAL
BENGALURU - 560 102
2.
MR. TUSHAR GIRINATH
THE CHIEF COMMISSIONER
BRUHAT BENGALURU
MAHANAGARA PALIKE (BBMP)
N.R. SQUARE, BANGALORE - 560 002
3.
MRS. RAMYA S
ZONAL COMMISSIONER
BOMMANAHALLI ZONE, BBMP
BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP)
HSR LAYOUT, BDA COMPLEX
BANGALORE - 560 102
4.
MR. NAGESH
S/O MR. MARAPPA
ADDITIONAL DIRECTOR OF
TOWN PLANNING (ADTP)
BOMMANAHALLI SUB-DIVISION, BBMP
BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP)
HSR LAYOUT BDA COMPLEX
BANGALORE - 560 102
…ACCUSED
(SRI V. SRINIVAS, ADVOCATE FOR ACCUSED No.1 &
SRI K.S. MALLIKARJUNA REDDY, ADVOCATE FOR
ACCUSED Nos.2 TO 4)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF
HC-KAR
THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO PUNISH
THE ACCUSED FOR CIVIL CONTEMPT OF COURT FOR VIOLATION
OF THE ORDER OF THIS HON'BLE COURT DATED 16.12.2024
PASSED IN W.P. NO.27433/2024 AT ANNEXURE-A & ETC.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. Accused No.1 is found guilty of willful disobedience of the order dated 16.12.2024 passed in Writ Petition No.27433/2024 (LB-BMP), the operative part of which reads as under:
a. The petition stands disposed of with liberty to the fourth respondent to call in question the Provisional and Confirmation Orders dated 07.10.2024 and 25.10.2024 respectively in the appeal under Section 253 of the BBMP Act.
b. The fourth respondent will be at liberty to file such appeal within a period of six [6] weeks from today and the Appellate Authority, if the fourth respondent files such appeal, is called upon to decide the appeal on merits at the earliest and in any event before 30.05.2025.
c. The submission that the fourth respondent will not continue with the construction until the disposal of the appeal, is taken on record as an undertaking for due compliance and the authorities are also directed not take coercive measures against the construction.
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d. It is needless to observe that if the petitioner can make out a right for impleadment in the appeal, if filed, will be at such liberty.
2. It is apparent from the above that the Court had restrained the concerned authorities from not taking any coercive measures in view of the undertaking given by the accused that he will not continue further construction.
3. Accused No.1 has since violated the said undertaking and continued the construction activities. It is also noted that he had continued the same even during the course of the present proceedings.
4. Accused No.1 pleaded guilty to the charges framed on 03.07.2026.
5. Although accused No.1 has tendered his apology, the affidavit furnished also seeks to explain why he deliberately violated the order. According to him, the same was, inter alia for the reason that the bank had insisted that the loan amounts would be released to him strictly in accordance with the stage of construction. Therefore, if the work was stopped, the loan facility
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may have been recalled. This also indicates that the accused has taken a calculated decision to disobey the orders of the court. We are also unable to accept that the accused is genuinely remorseful or repentant.
6. Considering the given circumstances, we sentence accused No.1 to a simple imprisonment for a period of 48 hours.
7. The Registrar General shall issue necessary warrants.
8. The complaint is disposed of.
9. The pending interlocutory applications also stand disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
AHB List No.: 2 Sl No.: 13