Karnataka High Court
The Karnataka State Board Of Wakfs vs Sri Dayananda K.A on 9 January, 2025
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2025:KHC:963-DB
CCC No. 636 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
CIVIL CONTEMPT PETITION NO.636 OF 2022
BETWEEN:
THE KARNATAKA STATE BOARD OF WAKFS
NO.6, CUNNINGHAM ROAD
BENGALURU-560 052
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
MR. KHAN PARVEZ
AGED ABOUT 53 YEARS.
...COMPLAINANT
(BY SRI ANAND KUMAR M., ADVOCATE)
AND:
1. MR. DAYANANDA K.A.
THE THEN DEPUTY COMMISSIONER
BENGALURU NORTH DIVISION
BEHIND KANDAYA BHAVAN
Digitally signed by K.G. ROAD
MOUNESHWARAPPA
NAGARATHNA BENGALURU-560 032.
Location: HIGH
COURT OF
KARNATAKA 2. MR. SANGAPPA
THE DEPUTY COMMISSIONER
BENGALURU NORTH DIVISION
BENGALURU-560 032.
3. MR. A. NOORULLA
S/O. LATE MR. AMEER PASHA
AGED ABOUT 54 YEARS.
4. MR. AMANULLA
S/O. LATE MR. AMEER PASHA
AGED ABOUT 53 YEARS.
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CCC No. 636 of 2022
5. MR. MOHAMMED SANAULLA
S/O. LATE MR. AMEER PASHA
AGED ABOUT 50 YEARS.
6. MR. SAMIULLA
S/O. LATE MR. AMEER PASHA
AGED ABOUT 46 YEARS.
7. MRS. ZAMRUDH
D/O. LATE MR. AMEER PASHA
AGED ABOUT 58 YEARS.
8. MRS. SHAHAJAN
D/O. LATE MR. AMEER PASHA
AGED ABOUT 57 YEARS.
9. MRS. SHAKEERA
D/O. LATE MR. AMEER PASHA
AGED ABOUT 56 YEARS.
10. MRS. SHAHINA
D/O. LATE MR. AMEER PASHA
AGED ABOUT 55 YEARS.
ACCUSED NOS.3 TO 10 ARE
RESIDING AT #291
HALSAHALLI ROAD
VARTHUR, VARTHUR HOBLI
BENGALURU EAST-560 087.
11. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BENGALURU-560 001.
...ACCUSED
(BY SMT. NAMITHA MAHESH B.G., A.G.A., FOR A-1 & A-2;
SMT. SOUMYASHREE, ADVOCATE, FOR
SRI R.V. SRINIVAS REDDY FOR A-3 & A-5 TO A-10, &
A-4 IS SERVED AND UNREPRESENTED)
***
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CCC No. 636 of 2022
THIS CIVIL 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, PRAYING TO PUNISH
THE ACCUSED FOR WILLFULLY DISOBEYING THE INTERIM ORDERS
OF THIS HON'BLE COURT DATED 5-10-2021 PASSED IN WRIT
PETITION NO.17906 OF 2021 AS PER ANNEXURE-A.
THIS CIVIL CONTEMPT PETITION IS COMING ON FOR ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
and
HON'BLE MR JUSTICE VENKATESH NAIK T
ORAL ORDER
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This contempt proceedings has been initiated against the
interim order dated 5-10-2021 passed by a learned Single
Judge in Writ Petition No.17906 of 2021.
2. Sri Anand Kumar M., learned counsel for the
complainant, Smt. Namitha Mahesh B.G., learned Additional
Government Advocate for accused Nos.1 and 2, and
Smt. Soumyashree, learned counsel representing
Sri R.V. Srinivasa Reddy, learned counsel for accused Nos.3
and 5 to 10, are physically present before the Court.
3. On going through the order, it is evident that thereby
ad-interim relief is granted against operation and execution of
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the order dated 23-7-2021 passed by the Land Tribunal,
Bengaluru North Taluk, Bengaluru. The breach of the aforesaid
order is alleged. The proceedings of the main writ petition are
pending.
4. A Co-ordinate Bench of this Court in CCC No.1237 of
2023 (CIVIL) dated 26-3-2024, at paragraph Nos.3 to 5, has
observed as under:
"3. When the order is an interim order, by its very
nature it does not determine rights of the parties
finally. There are no trappings of finality in the order.
In the aforesaid view, this Court is not inclined to
entertain the contempt petition and it is not
persuaded to exercise the power of contempt under
the Contempt of Courts Act, 1971.
4. It will be open for the complainant to raise all
contentions and work out its rights and remedies in
the main proceedings in accordance with law.
5. Accordingly, the contempt petition stands
disposed of as not entertained."
5. Considering that the main writ petition is still pending
before this Court and in the light of the judgment of the
Co-ordinate Bench cited above, this Court is not inclined to
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entertain this contempt petition. Accordingly, the contempt
petition is disposed of as not entertained.
6. At this stage, Sri Anand Kumar M., learned counsel for
the complainant, seeks liberty to approach the Court, if need
arises.
Liberty, as sought for, is granted.
Sd/-
(K.SOMASHEKAR)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
KVK
