Mr. Pavan Kumar, v. The State of Karnataka,

NC:(2026:KHC:14430-DB( CCC(No.(1101(of(2025( ( , ,,HC-KAR( ( ( IN THE HIGH COURT OF KARNATAKA AT BENGALURU

THDATED THIS THE 10 DAY OF MARCH, 2026

PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO.1101 OF 2025

BETWEEN:

MR. PAVAN KUMAR S/O. SHIVAKUMAR

AGED ABOUT 30 YEARS RESIDING AT NARAYANPURA GURUMATKAL (RURAL)

KALBURGI-585 214 …COMPLAINANT (BY MR. RAJATH, ADVOCATE)

AND:

Digitally

¶1THE STATE OF KARNATAKA signedtiby NIRMALA MINISTRY OF HOME AFFAIRS DEVI REPRESENTED BY ITS CHIEF SECRETARY Location: VIDHAN SOUDHA, DR. AMBEDKAR VEEDHI HIGH0COURT BENGALURU-560 001 OF KARNATAKA

¶2MR. B. N. SHIVAKUMAR THE INSPECTOR R. R NAGAR POLICE STATION BENGALURU-560 060 …ACCUSED (BY SMT. NAMITHA MAHESH, B. G., A.G.A.)

THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN PRAYS TO INITIATE CONTEMPT PROCEEDINGS (CIVIL) AGAINST THE ACCUSED FOR INTENTIONALLY DISOBEYING THE ORDERS OF THIS HON'BLE COURT PASSED IN W.P.NO.9743/2025 DATED 02.04.2025 UNDER THE PROVISIONS OF THE CONTEMPT OF COURT ACT, 1971 AND TO PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

¶1The complainant has filed the present complaint alleging willful disobedience of the order dated 02.04.2025 passed by the learned Single Judge of this Court in Writ Petition No.9743/2025 (GM-RES) whereby the police officials were directed to cooperate and grant protection for Indian Bank to handover the possession of the subject property to the complainant.

¶2The complainant is an auction purchaser, who has purchased the subject property pursuant to the Indian Bank taking over possession under the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act].

¶3The affidavit of compliance has been filed by the accused, wherein it is affirmed that full protection was granted to the complainant and the bank officials and the subject property, which is described hereunder was handed over to the complainant:

"DESCRIPTION OF THE IMMOVABLE PROPERTIES

All that piece and parcel of Residential House Consisting of Ground and First Floors Measuring Site Area 549.05 feet Totally Built up Measuring 1283 feet Constructed on Site Bearing No.666, HI Katha No.256 and Property no 259A BBMP Khatha No.330/19/285/256/259A/1/666 in Ward No.198, on the Site measuring East to West 19.75 Feet and North to South 27.8 feet in all Measuring 549.05 Sq.Ft. Property Situated in Pattanagere Village Kengeri Hobli Bangalore South Taluk Now Property comes under the Administrative jurisdiction of Bruhat Bangalore Mahanagara Palike and Bounded on

East by: Remaining Portion of the Same Property West by: Property No.665 North By: Road South by: Portion of the Property No.667"

¶4The learned counsel for the complainant has also drawn the attention of this Court to a Panchanama, which indicates that the complainant had taken possession of the subject property on

15.05.2025 at 2.30 p.m. The photographs of the keys being handed over to the complainant have also been placed on record.

¶5In this view, we are unable to accept that the accused have been guilty of any disobedience of the orders passed by this Court. However, it appears that, the original owner has once again taken over the possession of the subject property and the complainant is aggrieved by the same.

¶6The learned Additional Government Advocate for the accused submits that a separate complaint in this regard has been registered and the same is being investigated. She assures this Court that necessary action in accordance with law would be taken and if it is found that the subject property has been trespassed on, the trespasser will, apart from being removed, be prosecuted.

¶7In view of the above, the present complaint is closed.

¶8All rights and contentions of the parties are reserved.

SD/- (VIBHU BAKHRU) CHIEF JUSTICE

SD/- (C.M. POONACHA) JUDGE ND/List No.: 1 Sl No.: 11