Karnataka High Court
CCC/446/2026 of SRI.SHANKAR DEVADIGA Vs SMT.SWAROOPA T.K. on 14 July 2026
NC: 2026:KHC:35693-DB CCC No. 446 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH 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. 446 OF 2026 BETWEEN: SRI.SHANKAR DEVADIGA
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH 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. 446 OF 2026
BETWEEN:
SRI.SHANKAR DEVADIGA
SON OF MANJAYYA DEVADIGA,
AGED ABOUT 52 YEARS,
RESIDING AT NO. 4-238,
YAKSHAKRIPA, BANKESHWARA ROAD
YEDTARE VILLAGE, BYNDHOOR TALUK,
UDUPI DISTRICT-576214
…COMPLAINANT
(BY SRI. PURNACHANDRA M PURANIK., ADVOCATE)
AND:
1.
SMT.SWAROOPA T.K.
THE DEPUTY COMMISSIONER,
UDUPI DISTRICT,
RAJATHADRI, MANIPAL,
UDUPI DISTRICT-576104
2.
SRI. AJAY BANDARKAR,
THE CHIEF OFFICER,
BYNDHOOR TOWN PANCHAYAT
BYNDHOOR, BYNDHOOR TALUK,
UDUPI DISTRICT-576214
3.
SRI. RAJESH AITHAL
SON OF VASUDEVA AITHAL,
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
HC-KAR
AGED ABOUT 47 YEARS,
RESIDING AT 3-249/1,
VISHWAS NILAYA, YEDTARE VILLAGE,
BYNDHOOR, UDUPI DISTRICT-576214
…ACCUSED
4.
STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIDHANA SOUDHA
BENGALURU 560001
REPRESENTED BY ITS PRINCIPAL SECRETARY
...PROFORMA RESPONDENT
(BY SMT. NAMITHA MAHESH B. G., AGA)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURT ACT, R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA, BY THE COMPLAINANT WHEREIN
PRAYS TO INITIATE PROCEEDINGS FOR CONTEMPT OF
COURT
AGAINST
THE
ACCUSED
FOR
WILLFUL
DISOBEDIENCE
OF
THE
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ORDER
DATED 19.08.2025 (ANNEXURE-A) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.NO.2431/2025 (LB-RES).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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 19.08.2025 passed by the learned Single Judge in Writ Petition No.2431/2025 (LB-RES).
HC-KAR
2. The complainant had filed the said writ petition alleging raising of an illegal construction and accordingly prayed that directions be issued to the Deputy Commissioner to consider his representation.
3. The learned Single Judge had disposed of the said writ petition with a direction to the concerned authorities to complete the inquiry in accordance with law and pass appropriate orders after hearing all the parties.
4. The accused has filed a compliance affidavit inter alia affirming that inquiry was conducted and an order dated 28.11.2025 has been passed. It is also stated that the enforcement action had been taken by issuing a notice to respondent No.5 and that a penalty for commencing construction without obtaining the requisite licence/building permission has been imposed. The said penalty has since been paid. It is also stated that a fresh building permission has been granted to respondent No.5 subject to certain conditions.
5. In view of the above, we do not consider it apposite to initiate any proceedings under the Contempt of Courts Act, 1971. The complaint is, accordingly, closed.
HC-KAR
6. We, however, clarify that this order would not preclude the complainant from availing substantive remedies, if any, in accordance with law.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
BS List No.: 1 Sl No.: 21