Karnataka High Court
Ex Mwo Ashok Kumar Iaf vs The State Of Karnataka on 13 October, 2025
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CCC No. 1341 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
CIVIL CONTEMPT PETITION NO. 1341 OF 2024
BETWEEN:
EX. MWO. ASHOK KUMAR-(IAF)
S/O. LATE SADANAND,
AGED ABOUT 78 YEARS,
RESIDING AT NO. 122,
9TH MAIN, SAINIK VIHAR LAYOUT,
KENCHANAHALLI, YELAHANKA,
BENGALURU -560064.
MEMBER OF
SAINIK VIHAR SITE/HOUSE
OWNERS WELFARE ASSOCIATION.
...COMPLAINANT
(BY SRI. ABDUL NAZEER MATTARA., ADVOCATE)
AND:
Digitally
signed by 1. THE STATE OF KARNATAKA
RUPA V
DEPARTMENT OF REVENUE
Location:
High Court VIDHANA SOUDA
Of Karnataka DR. B. R. AMBEDKAR VEEDI
M S BUILDING, BANGALORE-560001
REP. BY ITS PRINCIPAL SECRETARY.
2. SRI. SHREYAS G. S.
THE TAHSILDAR
YELAHANKA UPANAGARA
NES OFFICE ROAD, SUGAPPA LAYOUT
EAST COLONY, YELAHANKA NORTH TALUK BENGALURU -
560064.
3. RAMESH
AGED NOT KNOWN
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CCC No. 1341 of 2024
HC-KAR
S/O NOT KNOWN
RESIDING AT A SECTOR
YELAHANKA NEW TOWN
YELAHANKA - 560064.
4. MR. AZMATHULLA KHAN
S/O. IBRAHIM KHAN,
AGED ABOUT 43 YEARS,
RESIDING AT NO.17/A,
H CROSS ROAD, BISMILLAH NAGARA,
BENGALURU - 560029.
5. G. VENKATARAMANA
S/O G.C.K. SOMAYAJI
AGED ABOUT 59 YEARS
295, PADMAKALA 1ST MAIN,
VIDYAPEETA ROAD BSK
3RD STAGE, BENGALURU-560 085.
6. UMAVENKAT
W/O G. VENKATARAMANA
AGED ABOUT 56 YEARS
295, 1ST MAIN, VIDYAPEETA ROAD
BSK, 3RD STAGE
BENGALURU - 560 085.
...ACCUSED
(BY SMT. SHWETHA KRISHNAPPA, AGA FOR A1 & A2;
SRI. RAGHAV PARTHASARATHY., ADVOCATE FOR A3)
THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTION 11
AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE
215 OF THE CONSTITUTION OF INDIA, PRAYS THAT TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NO.2 TO 6 FOR
NOT COMPLYING WITH THE ORDER/DIRECTION DATED 23.06.2023
IN WP NO.2074/2023 WHICH IS AT ANNEXURE-E PASSED BY THIS
HONBLE COURT AND PUNISH THE ACCUSED 2 TO 6 FOR THEIR
WILLFUL DISOBEDIENCE AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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CCC No. 1341 of 2024
HC-KAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This contempt petition is filed alleging willful disobedience of the order of the learned Single Judge dated 23.06.2023 passed in W.P.No.2074/2023.
2. The relevant portion of the order of the learned Single Judge is extracted herein below:
"3. Further, the learned HCGP for respondent No.1 upon instructions submits that the impugned order will be implemented only against the persons who are party to the proceedings and not against those who are not a party to the proceedings before respondent No.1. If anybody has to be evicted pursuant to the impugned order, the same will be done only after affording them an opportunity of hearing.
4. On the ground that the petitioner-Society has no locus-standi, and in the light of the undertaking given by the learned HCGP, the writ petition is hereby dismissed. In view of dismissal of the main petition, pending IAs. stand disposed of."
3. The aforesaid order indicates that the learned HCGP appearing for respondent No.1, upon instructions, submitted that the impugned order will be implemented only against the persons, who are party to the proceedings -4- NC: 2025:KHC:40412-DB CCC No. 1341 of 2024 HC-KAR and not against those who are not a party to the proceedings before the respondent No.1. The impugned order in the aforesaid writ petition was dated 10.01.2023 passed by the respondent No.1 - Tahasildar, Bengaluru North Taluk, Yelahanka Upa Nagara, Bengaluru.
4. It is noticed that one Smt.Radhika K.B. and others have filed W.P.No.13659/2024. The learned Single Judge of this Court has disposed of the W.P.No.13659/2024 along with other matters vide order dated 26.09.2024. The operative portion of the said order reads as under:
"i) W.P.No.17208 of 2024 is hereby allowed and Writ of mandamus is issued to respondent No.4 -
Thasildar, Yalahanka, Bengaluru, to implement the order/notice dated 10.01.2023;
ii) W.P.No.13659 of 2024, W.P.No.18606 of 2024, W.P.No.19011 of 2024 and W.P.No.19012 of 2024 are hereby dismissed and liberty is reserved to the petitioners herein to establish their right in respect of the subject land/sites before the competent civil court, in terms of the finding recorded by the Trial Court in OS No.665 of 2007 and connected suits, if so advised.
No order as to costs."
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5. The order of the learned Single Judge dated 26.09.2024 is challenged in W.A.No.1611/2024 and W.A.No.1505/2024.
6. The coordinate bench in W.A.No.1611/2024 on 30.10.2024 has passed the following order:
"Learned AGA accepts notice for respondent Nos.1 to 3.
Sri Saravana.S, learned counsel having entered caveat for respondent No.4, learned counsel for the appellant is permitted to serve a copy of the writ appeal to learned counsel for respondent No.4.
In this writ appeal, the appellant has challenged the order passed in W.P.No.13659/2024 dated 26.09.2024.
Learned counsel for the appellant has produced the copy of the interim order passed in W.A.No.1505/2024 arising out of W.P.No.18606/2024.
On perusal, the order passed in W.P.Nos.13659/2024 and 18606/2024 are common order in the connected writ petitions in respect of same cause of action.
In that view of the matter, the parties are directed to maintain status-quo in respect of possession of the writ petition schedule property, till the next date of hearing.
Re-notify on 13.11.2024."-6-
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7. The coordinate bench in W.A.No.1505/2024 on 09.10.2024 has passed the following order:
"Learned AGA accepts notice for respondents No. 1 and 2.
Sri. Saravana, learned counsel having entered caveat appears for respondent No.4.
Learned counsel for the appellant seeks permission to take out hand summons to respondent No.3.
Learned counsel is permitted to take out hand summons to respondent No.3.
List on 16.10.2024, till then, parties are directed to maintain status quo with regard to the writ petition schedule property in respect of possession."
8. It is the contention of the learned counsel for the complainant that the undertaking of the learned HCGP that the impugned order will be implemented only against the party to the proceedings before the Tahasildar is violated by some goonda elements with the help of police. Consideration of such contention would not arise in view of the interim order in the writ appeal. -7-
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9. The contentions of the learned counsel for the complainant that despite the orders by the Division Bench, the goonda elements, in colluding with the revenue and police authorities, are trying to dispossess the complainant, cannot be gone into in the present proceedings.
10. It is open for the complainant to work out his remedies in accordance with law with regard to the possession.
11. In view of the aforesaid orders, the order of the learned Single Judge dated 23.06.2023 passed in W.P.No.2074/2023 cannot be implemented and we do not find any willful disobedience of the order or an undertaking as alleged. In view of the aforesaid event, the contempt proceedings are dropped reserving liberty to the complainant to work out his remedies in accordance with law.
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12. It is made clear that this Court has not expressed any opinion with regard to the merits of the contentions urged by the learned counsel for the complainant as well as learned Additional Government Advocate and the same are kept open.
Sd/-
(ANU SIVARAMAN) JUDGE Sd/-
(VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 3 Sl No.: 5