Karnataka High Court
Savtri D/O Gurusidappa Gogi vs Vandita Sharma And Ors on 12 July, 2023
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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NC: 2023:KHC-K:5250-DB
CCC No. 200049 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MR. JUSTICE UMESH M ADIGA
CIVIL CONTEMPT PETITION NO.200049 OF 2023
BETWEEN:
SAVITRI D/O GURUSIDDAPPA GOGI
AGE: 61 YEARS, OCC: HOUSEHOLD
R/O: DEVANOOR, TQ: SEDAM
DIST: KALABURAGI
...COMPLAINANT
(BY SMT. HEMA L. KULKARNI, ADVOCATE)
AND:
Digitally signed by 1. SRI VANDITA SHARMA
SWETA KULKARNI
Location: HIGH THE STATE OF KARNATAKA
COURT OF
KARNATAKA
REVENUE DEPARTMENT
BY ITS CHIEF SECRETARY
VIDHAN SOUDHA -01
2. SRI V. GOVINDRAJU
THE CHIEF ENGINEER,
PUBLIC WORK PORT AND INLAND
WATER TRANSPORT DEPARTMENT
BANGALORE -01
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NC: 2023:KHC-K:5250-DB
CCC No. 200049 of 2023
3. SRI BASAVARAJ YANIGI
THE CHIEF ENGINEER
CHIEF ENGINEER CONSTRUCTION
AND BUILDING (NORTH)
DHARWAD-580 001
4. SRI JAGANNATH HALINGE
THE SUPERINTENDENT ENGINEER
PUBLIC WORK PORT AND INLAND
WATER TRANSPORT DEPARTMENT CIRCLE
KALABURAGI-585 103
5. SRI KRISHNA AGNIHOTRI
THE EXECUTIVE ENGINEER,
PUBLIC WORK PORT AND INLAND
WATER TRANSPORT DEPARTMENT
DIVISION SEDAM-585 222
6. SRI MAHESHWAR SULEGAON
THE SUPERINTENDENT ENGINEER
TALUKA PANCHAYAT, SEDAM-585 222
7. SRI MALLIKARJUN H
THE EXECUTIVE ENGINEER
TALUKA PANCHAYAT, SEDAM-585 222
8. SRI PRABHU S. GADAGI
THE BLOCK DEVELOPMENT OFFICER
SEDAM, TALUKA SEDAM,
DIST: KALABURAGI-585 103
9. SRI YASHWANTH V GURUKAR
THE DEPUTY COMMISSIONER
KALABURAGI-585 103
...ACCUSED
10. THE STATE OF KARNATAKA
REVENUE DEPARTMENT BY ITS
CHIEF SECRETARY
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NC: 2023:KHC-K:5250-DB
CCC No. 200049 of 2023
VIDHAN SOUDHA-01
...PROFORMA PARTY
THIS CCC IS FILED UNDER SECTION 11 OF THE
CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT
PROCEEDINGS AGAINST THE RESPONDENTS FOR HAVING
VIOLATED AND FOR HAVING WILLFULLY DISOBEYED THE
ORDER PASSED BY THIS HON'BLE COURT IN WP
NO.203810/2016 DATED 17.02.2022 AT ANNEXURE-B, AND
PUNISH THEM IN ACCORDANCE WITH LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, B.M.SHYAM PRASAD J., MADE THE FOLLOWING:
ORDER
The complainant alleges disobedience with the writ Court's directions in W.P.No.203810/2016 on 17.02.2022. These directions read as under:
" 9. Looking into the order passed by this Court and subsequent development as stated in the writ petition, I am of the view that the respondent - authorities be directed to initiate acquisition proceedings, in accordance with law and to pay compensation accordingly, since in view of the law declared by the Hon'ble Apex Court in the case of Vidya Devi vs. State of Himachal Pradesh and Others reported in 2020 (2) SCC 569, it is held that the right to property is human right and it is the duty of the respondent--4-
NC: 2023:KHC-K:5250-DB CCC No. 200049 of 2023 authorities to compensate the land loser justly and in that view of the matter, writ petition is disposed of."
Smt. Hema L. Kulkarni, the learned counsel for the complainants, submits that the petitioner is constrained to initiate contempt proceedings because despite the directions, the concerned respondents have not taken any action. However, the learned counsel concedes that the directions do not contain a timeline within which the decision must be taken. If the timelines are not prescribed, it is settled that contempt proceedings will not lie. Hence, the proceedings are disposed of reserving to the complainant all just liberty as is permissible in law.
Sd/-
JUDGE Sd/-
JUDGE BL List No.: 1 Sl No.: 28