Sri Varanga Jain Mutt vs Sri Sadhashiv Servegar on 10 January, 2023

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Karnataka High Court

Sri Varanga Jain Mutt vs Sri Sadhashiv Servegar on 10 January, 2023

Bench: B.Veerappa

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 10TH DAY OF JANUARY, 2023

                         PRESENT

           THE HON'BLE MR. JUSTICE B.VEERAPPA

                           AND

         THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA

               C.C.C. No.925/2021 (CIVIL)

BETWEEN:

SRI VARANGA JAIN MUTT,
BY SHRI DEVENDRAKEERTHI,
BHATARKA MAHASWAMIJI,
REP. BY HIS GPA HOLDER,
SRI A. YUVARAJA ARIGA,
S/O. JINNAPPA BILLAVA,
AGED ABOUT 72 YEARS,
R/AT PADMALAYA, POUDANAPURA,
DAANA SHALE,
KARKALA - 574 104.                       ... COMPLAINANT

(BY SRI VENKATESH R. BHAGAT, ADVOCATE (V.C.))

AND:

1.    SRI SADHASHIV SERVEGAR,
      PANCHAYATH DEVELOPMENT OFFICER,
      THE VARANGA GRAMA PANCHAYATH,
      MUNIYALU, MUNIYALU POST,
      KARKALA TALUK,
      UDUPI DISTRICT - 576 144.

2.    SMT. SUREKHA
      PANCHAYATH DEVELPMENT OFFICER,
      THE VARANGA GRAMA PANCHAYATH,
      MUNIYALU, MUNIYALU POST,
      KARKALA TALUK,
      UDUPI DISTRICT - 576 144.              ... ACCUSED

(BY SRI CHANDRANATH ARIGA K., ADVOCATE FOR A-1 AND A-2)
                        -2-
      THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, WHEREIN
HE PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO
INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED
NO.1 AND 2 PUNISH THEM SUITABLY FOR VIOLATING THE
ORDER DATED 01.04.2021 IN W.P.NO.6036/2020 (GM-RES).

     THIS CCC COMING ON FOR ORDERS,          THIS   DAY,
B.VEERAPPA J., PASSED THE FOLLOWING:

                      ORDER

The present contempt petition is filed by the complainant to take action against the accused under the provisions of Sections 11 and 12 of the Contempt of Courts Act for willful violation of the order dated 01.04.2021 made in W.P. No.6036/2020 passed by the learned Single Judge, wherein the learned Single Judge while disposing of the writ petition, directed respondent No.1-Grama Panchayath to take action in accordance with law under Section 64(3) of the Karnataka Gram Swaraj Panchayat Raj Act, 1993 calling upon respondent No.3 to say whether he is putting up construction or has put up construction without obtaining sanctioned plan and building licence. -3-

2. In response to the notice issued, accused had filed compliance affidavit on 03.01.2023 and being not satisfied with the compliance affidavit, this Court by its order dated 03.01.2023, directed the learned counsel for the accused to file the better affidavit of compliance. Accordingly, Sri. Chandranath Ariga, learned counsel for accused Nos.1 and 2 filed the compliance affidavit of Sri. Prakash .K, Panchayath Development Officer, Varanga Grama Panchayath, Hebri Taluk, Udupi District along with copy of Licence and Sanctioned Plan and specifically stated at paragraph Nos.4 and 5 as under:

"4. I submit that, the panchayath had issued notice to the Mutt and also to the said Nabhiraja Mudya of the proceedings with show cause. The notice of enquiry was issued to the complainant and the said Nabhiraj Mudya to appear on 08.12.2022 with the records. The complainant has not produced any records and remained absent for the enquiry. Sri Nabhiraj Mudya had informed that he had already filed -4- the documents with explanation on 18.05.2021. The documents were perused. He has obtained permission for construction and the copy of the license is filed herewith as ANNEXURE-1. A copy of the sanctioned plan is filed herewith as ANNEXURE-2.

5. I submit that upon verification, it is found that the license to construct is over Sy.No.12/51 of Varanga Village and the construction is on the said land."

3. Further learned counsel for the accused also filed additional memo dated 10.01.2023 producing the conversion order passed by the Deputy Commissioner, Udupi District in respect of land bearing Sy. No.12/51. Thereby, the order passed by the learned Single Judge has been complied.

4. Sri. Venkatesh R. Bhagat, learned counsel for the complainant rightly and fairly submits that the accused has complied the order passed by the learned Single Judge.

-5-

5. Having heard the learned counsel for the parties and in view of the affidavit dated 07.01.2023 filed by the Panchayath Development Officer and the additional memo dated 10.01.2023 produced by the learned counsel for the accused, order passed by the learned Single Judge of this Court has been complied.

6. In view of the above, we pass the following:

ORDER The Civil Contempt Proceedings are hereby dropped.

Sd/-

JUDGE Sd/-

JUDGE MBM

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