(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
order dated 12.12.2024 passed in WP No.107537/2024. The
Towards north - Property of one Bondada;
Towards south - Property of one Ullagaddi.
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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.
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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
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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
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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."
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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
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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
