M/S Vinir Engineering P Ltd v. Mr. Devaraj N

, ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(9 (DAY(OF(APRIL,(2026( PRESENT( THE(HON'BLE(MRS.(JUSTICE(ANU(SIVARAMAN( AND(( THE(HON'BLE(MS.(JUSTICE(TARA(VITASTA(GANJU( CIVIL(CONTEMPT(PETITION(NO.(621(OF(2024(( C/W( CIVIL(CONTEMPT(PETITION(NO.(1040(OF(2024(( ( IN(CCC(No.(621/2024( (

BETWEEN:(( ( M/S.,VINIR,ENGINEERING,P,LTD,

A,COMPANY,INCORPORATED,UNDER,,

THE,COMPANIES,ACT,1956, HAVING,OFFICE,AT,NO.102-104,, BOMMASANDRA,INDUSTRIAL,AREA, ATTIBELE,HOBLI,,ANEKAL,TALUK,

BENGALURU,560,099, REPRESENTED,BY,ITS,AUTHORIZED,SIGNATORY, Digitally MR.,TANVEER,S.,A.,signedtiby RAKSHA …COMPLAINANT,

Location: (BY,SRI.,MAHESH,ARKALGUD,SRIKANTH,,ADVOCATE), High0Court of AND:( Karnataka (

1., MR.,DEVARAJ,N, AGED,MAJOR, FATHERS,NAME,NOT,KNOWN,TO,THE,COMPLAINANT, ,

2., MR.,SEETHARAMA, AGED,MAJOR, FATHERS,NAME,NOT,KNOWN,TO,THE,COMPLAINANT, , , ( (

3., MR.,C.,KRISHNAMURTHY, AGED,MAJOR, FATHERS,NAME,NOT,KNOWN,TO,THE,COMPLAINANT, ,

4., MR.,PRASHANTH,KUMAR, AGED,MAJOR, FATHERS,NAME,NOT,KNOWN,TO,THE,COMPLAINANT, ,

5., M/S.,OMKAR,ENGINEERING,AND,FABRICATION, FIRMS, A,PARTNERSHIP,FIRM, REGISTERED,UNDER,THE,PROVISION,OF,THE,INDIA, PARTNERSHIP,ACT,,1932, , ACCUSED,NO.1,TO,4,ARE,THE,PARTNERS,OF, ACCUSED,NO.5, ALL,HAVING,OFFICE,AT,NO.3,,86/3,, SREE,RAMA,REDDY,BUILDING,, OPPOSITE,L,AND,T,,HEBBAGODI,, ATTIBELE,HOBLI,,ANEKAL,TALUK,, BENGALURU,560,099, , ALSO,AT,INDUSTRIAL,PLOT,NOS.90,AND,91, (FORMED,IN,SURVEY,NO.70,,176,AND,177,OF, HEBBAGOD,VILLAGE), BOMMASANDRA,INDUSTRIAL,AREA,, ATTIBELE,HOBLI,,ANEKAL,TALUK,, BENGALURU,560,099, …ACCUSED, (BY,SRI.,RAJESWARA,P.,N.,,ADVOCATE), , , THIS,CCC,IS,FILED,UNDER,SECTIONS,11,AND,12,OF,THE, CONTEMPT, OF, COURTS, ACT,, 1971,, PRAYING, TO, INITIATE, CONTEMPT,OF,COURT,PROCEEDINGS,AGAINST,THE,ACCUSED, AND, PUNISH, THEM, UNDER, THE, PROVISIONS, OF, THE, CONTEMPT, OF, COURT, ACT,, 1971, FOR, DISOBEYING, THE, ORDERS,DATED,28.05.2024,PASSED,BY,THIS,HIGH,COURT,OF, KARNATAKA,IN,W.P.NO.12697/2023,(ANNEXURE,-,E).,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , ( ( IN(CCC(NO.(1040/2024( , BETWEEN:( , M/S.,VINIR,ENGINEERING,P,LTD, A,COMPANY,INCORPORATED,UNDER,, THE,COMPANIES,ACT,1956,, HAVING,OFFICE,AT,NO.,102-104,, BOMMASANDRA,INDUSTRIAL,AREA,, ATTIBELE,HOBLI,,ANEKAL,TALUK,, BENGALURU,-,560,099.,, REPRESENTED,BY,ITS,AUTHORIZED,SIGNATORY,, MR.,TANVEER,S.A.,, ...COMPLAINANT, , (BY,SRI.,MAHESH,ARKALGUD,SRIKANTH,,ADVOCATE), , AND:( ,

1., DR,MAHESH,M.,(IAS), CHIEF,EXECUTIVE,ENGINEER,AND,, EXECUTIVE,MEMBER,, KARNATAKA,INDUSTRIAL,AREA,DEVELOPMENT, BOARD,,NO.49,,4TH,FLOOR,,, KANIJA,BHAVAN,,RACE,COURSE,ROAD,,, BENGALURU,-,560,001, ,

2., MR.,DEVARAJ,N,, AGED,MAJOR,, FATHER'S,NAME,NOT,KNOWN,TO,THE,COMPLAINANT, ,

3., MR.,SEETHARAMA, AGED,MAJOR, FATHER,NAME,NOT,KNOWN,TO,THE,COMPLLINANT, ,

4., MR.,C.,KRISHNAMURTHY, AGED,MAJOR, FATHER'S,NAME,NOT,KNOWN,TO,THE,COMPLAINANT, , ( (

5., MR.,PRASHANTH,KUMAR, AGED,MAJOR,, FATHER'S,NAME,NOT,KNOWN,TO,THE,COMPLAINANT, ,

6., M/S.,OMKAR,ENGINEERING,AND,FABRICATION, FIRMS, A,PARTNERSHIP,FIRM,,, REPRESENTED,BY,ACCUSED,NOS.2,TO,5, , ACCUSED,NOS.2,TO,5,ARE,THE,PARTNERS,OF, ACCUSED,NO.6,, ALL,HAVING,OFFICE,AT,NO.,3,,86/3,, SREE,RAMA,REDDY,BUILDING,,, OPPOSITE,L&T,,HEBBAGODI,,, ATTIBELE,HOBLI,,ANEKAL,TALUK,,, BENGALURU,-,560,099, , ALSO,AT, INDUSTRIAL,PLOT,NOS.90,AND,91,, BOMMASANDRA,INDUSTRIAL,AREA,,, ATTIBELE,HOBLI,,ANEKAL,TALUK,,, BENGALURU,-,560,099, ...ACCUSED, (BY,SRI.,CHANDRASHEKAR,P.,V.,,ADV.,FOR,R1;, SRI.,RAJESWARA,P.N.,,ADV.,FOR,R2,TO,R6), , ,,,,,THIS,CCC,IS,FILED,UNDER,SECTIONS,11,AND,12,,OF,THE, CONTEMPT, OF, COURTS, ACT,, , 1971,, PRAYING, TO, INITIATE, CONTEMPT,OF,COURT,PROCEEDINGS,AGAINST,THE,ACCUSED, AND, PUNISH, THEM, FOR, DISOBEYING, THE, ORDER, DATED,

01.07.2024,PASSED,BY,THE,HGIH,COURT,OF,KARNATAKA,IN, W.P.NO.17230/2024,(ANNEXURE-J),, , , THESE,PETITIONS,,COMING,ON,FOR,ORDERS,,THIS,DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MRS.,JUSTICE,ANU,SIVARAMAN, and,, HON'BLE,MS.,JUSTICE,TARA,VITASTA,GANJU,

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

These contempt petitions are filed alleging willful disobedience of the orders of the learned Single Judge dated

28.05.2024 and 01.07.2024 passed in W.P.No.12697/2024 (GM-CPC) and W.P. No.17230/2024 (GM-KIADB) respectively.

¶2Learned counsel appearing for the accused has filed further compliance affidavit stating as follows: "FURTHER COMPLIANCE AFFIDAVIT I, Dr. M Mahesh, aged about 46 Years, the Chief Executive officer & Executive member, The Karnataka Industrial Areas Development Board, Bangalore do hereby solemnly affirm and state on oath as follows:-

¶1I submit that, I am working as CEO & EM KIADB Bengaluru Accused No.1, in the above case and I am aware of the facts of the case.

¶2I submit that, on 17.09.2025 I have filed compliance affidavit along with Annexure-R-1 order passed by me. The contents of the said affidavit may kindly be read as part and parcel of this affidavit to avoid repetition of facts.

¶3I submit that, as per order dated 12.09.2025 passed by me vide Annexure-R-1 the executive Engineer of KIADB, has issued notice to the complainant and also the 6th respondent M/s .Omkar Engineering & fabrication -firm on 17.09.2025 to conduct the spot inspection on 20.09.2025 at 11.A.M. to find out the construction and to report violation. The copies of the said notices dated 17.09.2025 are herewith produced and marked as Annexure-R-2 & R-3.

¶4I submit that, pursuant to the aforesaid notices, the 6th respondent allowed our engineers to inspect the building and to verify the nature of construction. The photographs taken at the time of spot inspection in respect of plot no. 90 & 91 allotted to 6th respondent are herewith produced and marked collectively as Annexure-R-4 series. The complainant has not allowed the engineers to inspect building. In this regard mahazar was also drawn on 20.09.2025. The copy of said mahazar is herewith produced and marked as Annexure-R-5.

¶5I submit that, our Executive Engineer-2 has issued one more notice dated 12.11.2025 to the complainant to conduct survey 19.11.2025 at 11.00 A.M.and has also made representation on 15.11.2025 to the Station House officer, Hebbagodi Police Station, to give protection at the time of spot inspection on 19.11.2025 of plot numbers 102 to 104 of M/S. Vinir engineering Pvt limited. Accordingly, our engineers visited the spot on 19.11.2025, even on that day also the complainant prevented the officials and not allowed to conduct the inspection. In this regard, mahazar was also drawn and photos were also taken. The copies of joint survey notice dated 12.11.2025, letter addressed to the police dated

15.11.2025, mahazar & photographs are herewith produced and marked as Annexure-R-6,7,8,9 respectively.

¶6I submit that, the Executive Engineer has issued notice to the 6th respondent M/S. Omkar Engineering & fabrication-firm on 25.09.2025 indicating the violation made by it. Further the said allottee has been directed to remove the illegal constructions within 15 days otherwise further action will be taken. The 6th respondent being aggrieved by the same has filed W.P. 34316/2025 on the file of this Hon'ble court and this Hon'ble court was pleased to grant an interim order of stay. The copies of notice dated 25.09.2025 & interim order dated 19.11.2025 are herewith produced and marked as Annexure-R-10 & R-11.

¶7I submit that, the Executive Engineer-2 on 12.11.2025 has issued final notice to the 6th respondent M/S.

Omkar engineering & fabrication firm, directing the said allotted to remove the construction within 7 days otherwise without any further notice the illegal constructions will be removed. The Copy of the said notice dated 12.11.2025 is herewith produced and marked as Annexure-R-12.

¶8I submit that, the Executive Engineer-2 on 26.11.2025 has Issued Notice to the complainant narrating the previous history and on the prime facie they have found that, the complainant has also violated & made illegal constructions. Therefore, he has directed the complainant to remove the said illegal constructions within 15 days, otherwise action will be taken as per law. The complainant being aggrieved by the aforesaid notice dated 26.11.2025 has filed W.P. 661/2026 on the file of this Hon'ble court and this Hon'ble court was pleased to grant an interim order on 11.02.2026. The copies of notice dated 26.11.2025 & interim order dated 11.02.2026 are herewith produced and marked as Annexure-R-13. & R-14.

¶9I submit that, though the complainant is a party to the order and aware of the order he is not co-operating to implement the order of the learned single judge dated

01.07.2024 passed in W.P. 17230/2024 at Annexure-J.

¶10I submit that, I have complied the direction of the learned single judge, & there is no disobedience much less willful disobedience of the order of the learned single judge. On the other hand, the complainant is abusing the process of law and preventing our officials in complying the direction of the learned single judge by taking law & order into their hands. Therefore, I request this Hon'ble court be pleased to take serious note of the same and view seriously the conduct of the complainant.

¶11I submit that, action has been taken to comply the direction of the Hon'ble court and there is no will full delay, disobedience or violation of order of the Hon'ble court. The delay only to due to the workload and Administrative Reasons. Under the circumstances delay has occurred. The same is neither intentional nor

deliberate one which is beyond my control and I hereby tender my unconditional apology for delay in complying the direction of the Hon'ble court and I seek kind indulgence of this Hon'ble court in this regard.

¶12I submit that, in view of the above facts and circumstance and having complied the order of the Hon'ble court, the further proceedings may kindly be dropped. Wherefore, I humbly pray that, this Hon'ble court be pleased to drop all further proceedings and close the above case in the interest of justice and equity."

¶3It is stated that action has been taken pursuant to the directions issued by this Court and that writ petitions are pending consideration, in which, stay orders are in operation.

¶4In the above factual situation, we are of the opinion that there is no point in continuing with these proceedings. The contempt proceedings are accordingly closed leaving open all contentions of the parties to be agitated in proceedings. Notice issued to the accused shall stand discharged.

Sd/- (ANU SIVARAMAN) JUDGE

Sd/- (TARA VITASTA GANJU) JUDGE

PN List No.: 3 Sl No.: 30