Karnataka High Court
Smt. Channamma W/O. Late Umapathi ... vs Shivayya Gadadar on 25 October, 2025
Author: S G Pandit
Bench: S G Pandit
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NC: 2025:KHC-D:14228-DB
CCC No. 100273 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 25TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
CIVIL CONTEMPT PETITION NO.100273 OF 2025
BETWEEN:
1. SMT. CHANNAMMA
W/O. LATE UMAPATHI MYGERI ALIAS GURIKAR,
AGE. 76 YEARS, OCC. HOUSE WIFE,
R/O. HIREMEGERI VILLAGE,
TQ. YELBURGAK, DIST. KOPPAL.
NOW AT 15TH WARD, SARADARGALLI, KOPPAL-583231.
2. SHANKARPPA S/O. DODDABASAPPA MYGERI ALIAS GURIKAR
AGE. 71 YEARS, OCC. RETIRED SERVANT,
R/O. HIREMEGERI VILLAGE,
TQ. YELBURGAK, DIST. KOPPAL.
NOW AT GAVISIDDESHWAR NAGAR, 3RD CROSS,
NEAR ITI COLLEGE, TQ. AND DIST. KOPPAL-583231.
3. SMT. CHANNAMMA
W/O. LATE SHAMBULINGAPPA MYGERI @ GURIKAR,
AGE. 66 YEARS, OCC. HOUSE WIFE,
R/O. HIREMEGERI VILLAGE,
Digitally
signed by
VISHAL
NINGAPPA
TQ. YELBURGAK, DIST. KOPPAL,
NOW AT 15TH WARD, SARADARGALLI, KOPPAL-583231.
VISHAL PATTIHAL
NINGAPPA Location:
PATTIHAL HIGH
COURT OF
KARNATAKA
DHARWAD
...COMPLAINANTS
BENCH
(BY SRI. RAJASHEKHAR B. HALLI, ADVOCATE)
AND:
1. SHIVAYYA GADADAR
CONTRACTOR-PUBLIC WORK DEPARTMENT,
POST. KADIVAL, MALAGATTI,
TQ. KUSHTAGI, DIST. KOPPAL-583277.
...ACCUSED
2. THE STATE OF KARNATAKA
...PROFORMA RESPONDENT
(BY SRI. ABHISHEK L. KALLED, ADVOCATE FOR A1;
SRI. SHARAD V. MAGADUM, AGA FOR PROFORMA RESPONDENT)
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NC: 2025:KHC-D:14228-DB
CCC No. 100273 of 2025
HC-KAR
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
CONSTITUTION OF INDIA, 1950, PRAYING TO INITIATE CONTEMPT
PROCEEDINGS AGAINST THE ACCUSED NO.1 REGARDING THE NON-
COMPLACENCE OF THE INTERIM ORDER DATED 12-12-2024 PASSED
BY THE HON'LE COURT IN WRIT PETITION NO.107537/2024 (GM-RES)
DATED 12-12-2024 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE.
THIS CCC COMING ON FOR ORDERS, THIS DAY, ORDER WAS
MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S G PANDIT) This contempt petition is filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India complaining disobedience of interim order dated 12.12.2024 passed in WP No.107537/2024. The said interim order reads as under:
Heard the learned counsel for the petitioner. Learned Addl. Government Advocate is directed to take notice for respondents No.1 to 3 and 6. Issue emergent notice to respondents No.4, 5 and 7 to 9.
No construction or demolition activity shall be carried out in the property of the petitioner bearing No.139, situated at Hiremyageri village of Yelburga taluk in Koppal district, boundaries of which are mentioned as under, till the next date of hearing.
Towards east - Government school compound; Towards west - PWD Road;
Towards north - Property of one Bondada; Towards south - Property of one Ullagaddi.-3-
NC: 2025:KHC-D:14228-DB CCC No. 100273 of 2025 HC-KAR
2. Heard learned counsel Sri. Rajashekar B Halli for the complainants; learned counsel Sri.Abhishek L Kalled for accused No.1 and learned AGA Sri.Sharad V Magadum for accused No.2. Perused the entire contempt petition papers.
3. This Court on 12.12.2024 passed interim order to the effect that no construction or demolition activity shall be carried out in the property of the petitioners bearing Gram Panchayat No.139, measuring East-115, West-445, North-528 and South-285 situated at Hire Myageri village of Yelburga Taluka, Koppal District. It is the submission of the complainants that they are the owners in possession of the property bearing Gram Panchayat No.139, situated at Hire Myageri village to the extent mentioned in the writ petition.
4. Respondent No.8 in pursuance of Tender Notification dated 17.8.2024 issued work order to respondent No.9 in the writ petition, who is accused No.1 in the present contempt petition, for construction of Bus stand in the property belonging to the complainants. -4-
NC: 2025:KHC-D:14228-DB CCC No. 100273 of 2025 HC-KAR Learned counsel for the complainants alleged that accused No.1, who is respondent No.9 in the writ petition, started construction of bus stand, despite the complainants bringing to the notice of accused No.1 the interim order passed by this Court as stated above. It is also submitted that when accused No.1 failed to obey the interim order passed by this Court, they brought to the notice of Superintendent of Police, Koppal, CPI and PSI of Yelburga Police Station and Divisional Controller of KKRTC, Koppal Division and as they failed to take any action, it is submitted that the complainants are before this Court in the present contempt petition.
5. On the other hand, learned counsel for accused No.1 would submit that the work order has been issued to accused No.1-Contractor to carryout the construction of bus stand at Hire Myageri village of Yelburga Taluk in Koppal District in pursuance of Tender Notification dated 17.08.2024. Learned counsel for accused No.1 brings to the notice of this Court the averments made in paragraphs-7.1 and 8 of the affidavit, wherein accused -5- NC: 2025:KHC-D:14228-DB CCC No. 100273 of 2025 HC-KAR No.1 has specifically stated that the construction of bus station is being carried out in Sy.No.147/1 and 147/2 of Hire Myageri village of Yalaburga Taluk of Koppa and not in the land of the complainants.
6. On hearing the learned counsel for the parties and on perusal of the entire contempt petition papers, we are not in a position to accept the allegations of the complainants.
7. To invoke the jurisdiction of contempt, there shall be specific allegation and the complainants shall state as to when disobedience of order has taken place. In the absence of specific averments with regard to contemptuous action of the accused, the Court would not be inclined to take cognizance of the allegations made in the complaint. In the instant case, admittedly, the interim order was passed on 12.12.2024 to the effect that no construction or demolition activity shall be carried out in the property of the petitioners bearing Gram Panchayat No.139 situated at Hire Myageri village of Yelburga Taluk, Koppal District. The tender notification for construction of -6- NC: 2025:KHC-D:14228-DB CCC No. 100273 of 2025 HC-KAR bus stand at Hire Myageri village was issued on 17.08.2024 and in pursuance of the same, the work order in favour of accused No.1 was issued on 25.9.2024.
8. The paragraphs- 5 to 8 of the contempt petition read as follows:
"5. It is submitted that when the Accused no-1 high handedly started the work over the subject matter of these proceedings, the complainants issued the Legal Notice to the Accused no 1 regarding the interim order passed by the Hon'ble Court in Writ Petition No.107537/2024 dated 12.12.2024. The complainants have produced the copy of the same and marked as ANNEXURE-B.
6. It is submitted that, When the Accused no 1 failed to obey the order of the Hon'ble court, after that complainants were requesting to the concerned officers through the requesting letters sent by the registered post to the Superintendent of Police of Koppal District, C P I and P S I of Yelburga Police station, and Divisional Controller of K K R S Koppal Division Koppal. The Petitioners here with produced the copy of the same and marked as ANNEXURE- C & C-1, D & D-1, E, & F & F-1 respectively.
7. It is submitted that, the Accused no -1 without following the order of the court in hurry manner constructing the bus stand over the property of the complainants. The Complainants here with produced the photo copies of the work started by the accused No. 1 illegally by not respect to the court order and those are marked as ANNEXURE-G TO G- respectively.
8. The complainants requested many times in orally not violate the order of the Hon'ble High Court, but the Accused no-1 not turned up and violated the order of the Hon'ble High court; hence the complainants having left with no other remedy filed this contempt petition against the Accused no -1."-7-
NC: 2025:KHC-D:14228-DB CCC No. 100273 of 2025 HC-KAR
9. A reading of the above would only indicate that the interim order was passed on 12.12.2024 and accused No.1 failed to comply the interim order of this Court, though the complainants brought to the notice of accused No.1 the interim order passed by this Court. It is also alleged that accused No.1 without following the order of the Court in a hurried manner started construction of bus stand over the property of the complainants. The complaint is bereft of particulars with regard to disobedience or contemptuous action of accused No.1. The complainants have failed to give particulars of commencement of construction whether it is subsequent or prior to passing of interim order. No particulars have been stated in the complaint as to when accused No.1 commenced the construction and whether the construction is continued as on this day. In the absence of any averments in that regard, this Court would not be in a position to take cognizance of the alleged contempt.
10. Further, paragraph-4 of the contempt petition would indicate that the petitioners/complainants are -8- NC: 2025:KHC-D:14228-DB CCC No. 100273 of 2025 HC-KAR absolute owners in exclusive possession of the property bearing Gram Panchayat No.139 of Hire Myageri village, Yelburga Taluk in Koppal District and perpetual injunction was granted in their favour in OS No.38/2005. However, the counter affidavit filed by accused No.1 indicates that the judgment and decree passed in OS No.38/2005 was set-aside in RA No.32/2012 on the file of learned Senior Civil Judge and JMFC, Yelburga under judgment dated 21.09.2017.
11. Be that as it may, in the absence of specific allegations with regard to contemptuous action of accused No.1, we are not inclined to entertain the present contempt petition. Accordingly, contempt petition stands rejected.
Sd/-
(S G PANDIT) JUDGE Sd/-
(GEETHA K.B.) JUDGE JTR, CT:VP LIST NO.: 1 SL NO.: 1