SRI RAJAT SAXENA v. SRI JAGADEESHA G

1. SRI RAJAT SAXENA S/O SRI RAJEEV KUMAR SAXENA AGED ABOUT 39 YEARS RESIDING AT: A-901 NESTER RAGA APARTMENT CHINAPPA LAYOUT MAHADEVAPURA BANGALORE - 560 048 (BY SRI VAIBHAV RAVI MALIMATH, ADVOCATE) …COMPLAINANT AND:

1. SRI JAGADEESHA G DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT KANDAYA BHAVAN, K.R. ROAD BANGALORE - 560 009

2. SRI JAGADISH K. NAIK SPECIAL DEPUTY COMMISSIONER -1 BANGALORE NORTH TALUK BANGALORE URBAN DISTRICT KANDAYA BHAVAN, K.R. ROAD BANGALORE - 560 009 ...ACCUSED - 2 - NC: 2026:KHC:29878-DB CCC No. 1017 of 2025 HC-KAR

3. STATE OF KARNATAKA THROUGH THE CHIEF SECRETARY TO GOVERNMENT ROOM NO.320, 3RD FLOOR VIDHANA SOUDHA BENGALURU - 560 001 …PRO-FORMA RESPONDENT (BY SMT. NAMITHA MAHESH B.G., AGA) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO ISSUE APPROPRIATE ORDERS HOLDING THE ACCUSED GUILTY OF GROSS CONTEMPT OF THE ORDERS OF THE HON'BLE HIGH COURT DATED 22.04.2025 PASSED IN W.P.NO.7705/2025 (ANNEXURE - B) AND DIRECT THE ACCUSED TO COMPLY WITH THE SAID ORDER BY IMPLEMENTING THE ORDER DATED

01.04.2024 PASSED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY IN COMPLAINT NO.CMP/220523/0009507 (ANNEXURE - A). THIS PETITION, COMING ON FOR FRAMING OF CHARGES, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - NC: 2026:KHC:29878-DB CCC No. 1017 of 2025 HC-KAR ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. For the reasons stated in the application, I.A.No.1/2026, the personal appearance of accused No.2 is exempted for the day.

2. The complainant has filed the present complaint alleging willful disobedience of the order dated 22.04.2025 passed by the learned Single Judge of this Court in W.P.No.7705/2025(GM-RES).

3. The complainant had filed the said petition, inter alia, praying that directions be issued to the accused to act in accordance with the orders dated 01.04.2024 and 03.06.2024 passed under Section 161 of the Karnataka Land Revenue Act, 1964, and that directions be issued to the respondents to conclude the recovery of arrears of land revenue as expeditiously as possible.

4. The complainant had sought implementation of the orders passed by the Karnataka Real Estate Regulatory Authority (K-RERA) awarding compensation along with interest in favour of the complainant and against the builder, M/s Gulam Mustafa Enterprises Private Limited. - 4 - NC: 2026:KHC:29878-DB CCC No. 1017 of 2025 HC-KAR

5. The learned Single Judge had allowed the writ petition and had directed the accused implement the orders dated

01.04.2024 passed by the K-RERA within a period of three months.

6. The accused had issued orders dated 16.03.2026, confiscating the property of the builder in question for implementing this Court's order dated 22.04.2025, the disobedience of which is alleged.

7. At the hearing held on 26.03.2026, the learned Additional Government Advocate appearing for the accused pointed out that the concerned builder (M/s Gulam Mustafa Enterprises Private Limited) had filed a writ petition, being W.P.No.8289/2026, challenging the order issued by the accused.

8. In the said petition, the Court had passed an interim order dated 13.03.2026, staying the attachment order passed by the accused. A plain reading of the said order indicates that the attachment order had been stayed on the ground that it did not contain details regarding the specific properties. In the aforesaid circumstances, this Court had passed the following order on

26.03.2026. - 5 - NC: 2026:KHC:29878-DB CCC No. 1017 of 2025 HC-KAR "1. The learned Additional Government Advocate appearing for the accused has filed an affidavit of compliance enclosing the Order dated 27.02.2026. therewith

2. The learned counsel for the complainant submits that the said order has been stayed in the writ petition being W.P.No.8289/2026 preferred by the concerned builder (M/s.Gulam Mustafa Enterprises Private Limited). The copy of the order dated 13.03.2026 passed by 3. the learned Single Judge of this Court staying the operation of the said attachment order has been placed on record. The same indicates that the interim order has been granted on the ground that the attachment order did not specify the particulars of the survey number or identify the properties of the attachment. However, the Additional Government Advocate 4. submits that not only the attachment order was issued, but the possession of some of the properties was also taken over prior to the communication of the stay order dated 13.03.2026.

5. In view of the above, we clarify that it would be open for the accused to issue a fresh order with full particulars if it considers expedient, without prejudice to the rights and contentions of the parties in the pending W.P.No.8289/2026. It would also be open for the accused to seek further clarification if necessary. At the request of the learned counsel for the

6. complainant, list on 12.06.2026."

9. The accused has filed the compliance affidavit enclosing therewith an attachment order dated 14.05.2026, attaching the property described as Flat No.1701, Towers C situated on Survey No.16/2 of Tirupalya village, Jigani Hobli, Anekal Taluk, for - 6 - NC: 2026:KHC:29878-DB CCC No. 1017 of 2025 HC-KAR recovery of an amount of Rs.16,41,296/- along with interest at the rate of 2%.

10. It is apparent from the above that the accused has taken steps to implement the order passed by the learned Single Judge of this Court dated 22.04.2025, the disobedience of which is alleged.

11. In view of the above, we do not consider it apposite to initiate any proceedings under the Contempt of Courts Act, 1971. The complaint is closed, with the aforesaid observations.

12. We, however, clarify that the complainant is at liberty to revive the present complaint in the event the accused wilfully refrains from taking further steps for implementing the said order within a reasonable period of time. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KMV List No.: 2 Sl No.: 11