Karnataka High Court
Ms Saira Banu vs State Of Karnataka on 19 August, 2025
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
CCC NO 1357 OF 2024
BETWEEN
MS. SAIRA BANU
D/O.LATE M.HASSAN,
AGED ABOUT 45 YEARS,
R/A.NO.66, 4TH CROSS,
N.NAGENAHALLI,
BENGALURU - 560 007
...COMPLAINANT
(BY SMT. SAIRA BANU, PARTY-IN-PERSON)
AND
1. STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY TO
GOVERNMENT OF KARNATAKA,
HOME DEPARTMENT, VIDHANA SOUDHA,
BENGALURU 560 001
2. SRI.CHETHAN KUMAR,
INSPECTOR OF POLICE,
KOTHANUR POLICE STATION
BENGALURU - 560 077
3. JESU DAS
SUB INSPECTOR OF POLICE,
KOTHANUR POLICE STATION,
BENGALURU - 560 077
...ACCUSED
(BY SMT. NAMITHA MAHESH, AGA FOR R1,
SRI. DILIP KUMAR I.S, ADVOCATE FOR A2 & A3)
2
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NO.2 AND 3
AND PUNISH THEM IN ACCORDANCE WITH LAW FOR HAVING
WILLFULLY DISOBEYED THE INTERIM ORDER PASSED BY THIS
HON'BLE COURT IN WP NO.13992/2024 (GM-RES) DATED
28.05.2024 (ANNEXURE-A).
THIS PETITION HAVING BEEN RESERVED FOR ORDERS ON
06.08.2025 COMING ON FOR PRONOUNCEMENT THIS DAY,
RAJESH RAI K, J., MADE THE FOLLOWING:
CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN
and
HON'BLE MR JUSTICE RAJESH RAI K
CAV JUDGMENT
(PER: HON'BLE MR JUSTICE RAJESH RAI K)
This contempt is initiated against the willful disobedience of
the order dated 28.05.2024 passed by the learned Single Judge in
W.P.No.13992/2024, whereby the learned Single Judge passed the
order as under:
"The learned AGA accepts notice for respondent
Nos.1 to 3.
Issue emergent notice to respondent No.4
returnable by 14.06.2024.
In the meanwhile, the impugned orders dated
22nd February, 2024 passed by respondent No.2 vide
Annexure A and dated 28.09.2022 passed by
respondent No.3 vide Annexure B are stayed subject to
condition that the petitioner, her brother - Mr. Noor
Mohammed and their other family members shall not
harass or intimidate or cause any hardship to
respondent No.4 in any manner.
Re-list on 17.08.2023."
2. The contention of the complainant is that her mother
Smt.Fathima filed a false case before the Assistant Commissioner,
Bengaluru under the provisions of Senior Citizenship Act, 2007 for
maintenance in Miscellaneous No.MAG(4)/MISC/SC/CR/38/22-23
and had obtained order to restore the possession of the
complainant's mother Smt.Fathima over the property bearing
No.66, situated at 4th Cross, N. Nagenahalli Village, Kothanur Post,
Bengaluru. Against the said order, the complainant filed Writ
Petition No.13992/2024 and on 28.05.2024, the learned Single
Judge passed an interim order as stated supra.
3. Further, it is contended that, for implementation of the
interim order granted by the learned Single Judge, she approached
respondent Nos. 2 and 3. However, both of them failed to
implement the order. On the other hand, they put the mother of the
complainant in possession of the property. Though the said aspect
was brought to the knowledge of higher officers, none of them
responded properly. Hence, she initiated this contempt petition.
4. On careful perusal of the materials on record including
the counter affidavit filed by the learned AGA, it could be gathered
that there is no such specific direction issued to the respondents by
the learned Single Judge in W.P. No.13992/2024. Further, according
to learned AGA the said order was not communicated to respondent
Nos.2 and 3 on 28.05.2024. In the meantime, respondent Nos.2
and 3 implemented the Order passed in Miscellaneous No.
MAG(4)MISC/SC/CR/38/2022-23 and made the complainant to
vacate the premises vide mahazar drawn on 28.05.2024 between
5.00 to 6.00 Pm. The complainant has not placed any document to
substantiate that the interim order was served/communicated to
respondent Nos.2 and 3 before vacating the premises except her
oral contention. In that view of the matter, we are of the opinion
that, the contempt does not survive for further consideration.
Accordingly, the contempt proceeding is dropped.
SD/-
(ANU SIVARAMAN)
JUDGE
SD/-
(RAJESH RAI K)
JUDGE
PKS
