Karnataka High Court
Hussainsab vs The State Of Karnataka on 11 February, 2026
-1-
NC: 2026:KHC-K:1333-DB
CCC No. 200185 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE R.NATARAJ
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CIVIL CONTEMPT PETITION NO. 200185 OF 2025
BETWEEN:
HUSSAINSAB S/O GUDESAB,
AGED ABOUT 42 YEARS,
OCC: EX. SERVICEMAN,
R/O: WARD NO.2, HALEPETE MUDAGAL,
TQ: LINGASUGUR,
DIST: RAICHUR - 584 125.
...COMPLAINANT
Digitally signed (BY SRI RAVI B. PATIL AND SMT. VEERANI V. NANDI,
by SUMITRA
SHERIGAR ADVOCATES)
Location: HIGH
COURT OF
KARNATAKA AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
M.S. BUILDING,
BENGALURU - 560 001.
...PROFORMA PARTY
2. SYED SHAMSHALAM,
THE TAHASILDAR, LINGASUGURU,
-2-
NC: 2026:KHC-K:1333-DB
CCC No. 200185 of 2025
HC-KAR
TAHASIL OFFICE,
LINGASUGUR - 584 122.
....ACCUSED / RESPONDENT
(BY SMT MAYA T.R., HCGP FOR R1;
SRI SHIVAKUMAR R.TENGLI, ADVOCATE, FOR R2)
THIS CCC IS FILED UNDER SECTION 2(b) R/W SECTION
12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE
PROCEEDINGS AGAINST ACCUSED NO.1 FOR COMMITTING
CONTEMPT OF LAWFUL ORDER PASSED IN WRIT PETITION
NO.203008/2024 DATED 06.12.2024 AND PUNISH THE
ACCUSED NO.1 IN ACCORDANCE WITH LAW VIDE ANNEXURE-
A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R.NATARAJ
and
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE R.NATARAJ) This Contempt Petition is filed alleging non- compliance of an order dated 06.12.2024 passed by the learned Single Judge in W.P. No.203008/2024.
2. The complainant had filed W.P. No.203008/2024 to quash an endorsement dated 31.05.2024 issued by the respondent No.4 therein, as -3- NC: 2026:KHC-K:1333-DB CCC No. 200185 of 2025 HC-KAR violative of Rule 8 of the Karnataka Land Grant (Amendment Rules), 2019, [for short 'the said Rules'] and for a direction to respondents No.1 to 4 therein to consider his application for grant of land. The writ petition was allowed, in terms of which, the endorsement dated 31.05.2024 was quashed and the case was remitted back for reconsideration of the complainant's application afresh. It was also directed that while considering the application of the complainant afresh, the documents at Annexures - B, B1 and C as well as the said Rules shall be borne in mind. Since, the order passed by the learned Single Judge is not complied, the complainant is before this Court.
3. Notice of this contempt petition was issued to the accused, who have filed an affidavit dated 12.01.2025.
4. An affidavit is filed by the Tahsildar Grade-I on 06.09.2025, wherein in paragraphs No.3 to 5 it is stated as under:
-4-
NC: 2026:KHC-K:1333-DB CCC No. 200185 of 2025 HC-KAR "03. I state that, the copy of the order was received on 02.01.2025 and thereafter, I requested the Revenue Inspector for inspection of the Sy.No.409/x/x of Mudgal Town, Lingasugur Taluka.
Accordingly, the Revenue Inspector has visited the spot on 19.08.2025 and submitted the report contending that the land Sy.No.409/x/x was totally measuring 19 Acres and the said land is a Government Gairan land now out of 19 Acres only 15 Acres is available and the said land is situated within the radius 1.5 kilometer of Mudugal Town,
04. I state that, as per the order passed by the Hon'ble Court in WP.No.14048/2005, the Government land i.e., Gomala and Gairan lands shall not be allotted to any persons or institutions, in addition to this the said land is situated within the radius 1.5 kilometer Mudugal Town. Hence, it is not to be allotted to any persons for cultivation as per for grant Rules and Section 97 (1) land is required land grassing of cattles. Accordingly, in the said survey number the land could not be granted to the complainant. Hence, an endorsement is issued on 21.08.2025 and the same was received by the complainant on 28.08.2025. The copy of the said Endorsement dated 21.08.2025 is herewith produced and marked is at ANNEXURE R.1. -5-
NC: 2026:KHC-K:1333-DB CCC No. 200185 of 2025 HC-KAR
05. I state that, in view of the issuance of the endorsement on dated 21.08.2025 the directions of the Hon'ble court are complied with. Since the Hon'ble Court was pleased to fix the 06 weeks time to conclude the proceedings and 6 weeks time comes to an end from the date of receipt of the order by 14.02.2025 that my predecessor could not comply the order and due to the heavy work of the office. Therefore, the delay of 196 days caused in issuing the endorsement the said delay was caused due to the above said reasons and not intentional one. Therefore, I tender my unconditional apology from the bottom my heart for the said delay caused in issuing the endorsement. I have great respect to the orders and majesty of the Hon'ble Court. Therefore, I most respectfully pray this Hon'ble Court dropped the contempt petition, in the interest of justice and equity."
5. A counter affidavit is filed by the complainant enclosing therewith several documents and it is contended that the direction issued by the learned Single Judge was not complied in letter and spirit and the accused had issued an endorsement only to avoid the contempt proceedings. It is contended that the land bearing Survey -6- NC: 2026:KHC-K:1333-DB CCC No. 200185 of 2025 HC-KAR No.409, which was identified earlier for grant of land, was wrongly stated to be situated at 6.4 kilometres away from the City Municipal limits. It is contended that as per the information furnished by the Chief Veterinary Doctor, Mudgal, there were 1535 cows and 754 buffaloes in Mudgal Taluka. Likewise, it is contended that a person named Mr. Naranappa was granted with 'C' Form in Survey No.409 during the year 2016-2017 and several other beneficiaries were granted land in Survey No.410 of Mudgal. It is thus contended by the complainant that if there is no land available in Lingasugur Taluk, the accused No.2 was bound to refer the application of the complainant to the neighbouring Taluk as per Rule 8 of the said Rules. It was also contended that local politicians were interested in the lands bearing Survey Nos.409, 410 and 451 for the purpose of granite quarry and therefore the rejection of the application of the complainant for grant of land in Survey No.409 was deliberate and not based on factualities.
-7-
NC: 2026:KHC-K:1333-DB CCC No. 200185 of 2025 HC-KAR
6. Following the counter affidavit, the Tahsildar Grade-I again filed another affidavit dated 23.09.2025 and inter alia stated in paragraphs No.4, 5, 6 and 7 as under:
"04. I respectfully submit that, since there is no land available in the present Taluka as sought by the complainant, the letter was written to the Assistant Commissioner, Lingasugur to direct the Tahasildar of the of neighboring talukas to furnish any details with regard to the availability of land. The copy of the said letter which was communicated to the Assistant Commissioner, Lingasugur on dated 15.09.2025 which is produced as ANNEXURE R.1 however, the same was also brought to the knowledge of this Hon'ble Court and accordingly, the same was also brought to the knowledge of the Deputy Commissioner, Raichur District to ensure and secure the details with regard to the lands available at disposal for this specific purpose.
05. I respectfully submit that, after due verification the Deputy Commissioner, Raichur has issued an endorsement dated 22.09.2025 wherein, the case of the complainant was re-considered and since there is no land available, it is held that as per the Govt., Circular No.RD/26/LGP/2021 dated 13.12.2022 issued by the Government of Karnataka -8- NC: 2026:KHC-K:1333-DB CCC No. 200185 of 2025 HC-KAR it is proposed that the complainant is entitle for a site as per the circular and the complainant is free to accept the same. The copy of the same is produced as ANNEXURE R.2.
06. I respectfully submit that, by issuing endorsement by the Deputy Commissioner based on the letter written by me to the Assistant Commissioner, the order and the subsequent endorsement issued date 22.09.2025 whereby, the directions of this Hon'ble Court are complied with in accordance with law The copy of the same is produced as ANNEXURE R.3.
07. I respectfully submit that, I have ut-most regards and respect to the directions of the Hon'ble Court and that there is no willful disobedience or intentional delay in reconsidering the application of the complainant and any delay if is due to the administrative exigencies."
7. A counter-affidavit was then filed by the complainant refuting the claim made in the affidavit of the Tahsildar dated 23.09.2025. Thereafter another affidavit was filed on 12.01.2026 by the Deputy Commissioner, Raichur District, wherein he stated as follows: -9-
NC: 2026:KHC-K:1333-DB CCC No. 200185 of 2025 HC-KAR "5. It is submitted that, after perusal of the recommendation of the Tahashildar Lingasagur dated 15.09.2025 and Asst. Commissioner, Lingasugur report dated 18.09.2025 and order of this Hon'ble court and records available at the office, the respondents/accused have gone through the circular dated 24.12.2025 and accordingly complied the order/ directions of the Hon'ble Court and issued endorsement on 09-01-2026 Hence, the above contempt may kindly be dropped. The copy of circular dated 24.12.2005 and fresh endorsement dated 09-
01-2026 are produced here with and marked as ANNEXURE-R1 and R2.
6. It is submitted that, due to pressure of work, prescheduled meetings and administrative reasons, our authority could not complied the order of Hon'ble High Court within stipulated time which is not an intentional one, for the above said bonafide reasons."
8. Along with the affidavit, an endorsement dated 09.01.2026 is enclosed, which shows that as per the order passed by this Court in W.P. No.203008/2024, the
- 10 -
NC: 2026:KHC-K:1333-DB CCC No. 200185 of 2025 HC-KAR documents at Annexure - B, B1 and C were perused and the Deputy Commissioner was of the opinion that there is no land available in Raichur District for grant of land to the complainant. This was followed by an affidavit of the Deputy Commissioner dated 19.01.2026, wherein it is stated as follows:
"3. It is submitted that, I undertakes before this Hon'ble Court that we are not going to grant any Govt. Lands i.e., Gomal, Gayaran, and HulluBani, against the Circular dated 24.12.2005 to any Person or Society in Raichur District and same may kindly be taken on records and drop the above contempt against accused, in the interest of justice and equity."
9. An affidavit is now filed by the learned Additional Government Advocate, wherein Deputy Commissioner, Raichur has declared as follows:
"02. I respectfully submitted that, I have secured and verified the records from all Talukas of Raichur District regarding availability of land and publication of Notification as per Rule 3 (1) of the
- 11 -
NC: 2026:KHC-K:1333-DB CCC No. 200185 of 2025 HC-KAR Karnataka Land Grant Rules, 1969, by the Tahasildar of Sirwar, Tahasildar Manvi, Tahasildar Maski, Tahasildar Lingasuguru, Tahasildar Devadurga, Tahasildar Raichur and Tahasildar Sindhanur, dated 01.07.2024 and 01.07.2025. The copies of the Notifications are produced and marked as ANNEXURE- R.1 series. Having verified all the records, I am affirming that there is no land in entire Raichur district which could be granted to an ex-Servicemen and that henceforth there would be total freeze on grant of land in Raichur district, including those lands that are reserved for gomal.
03. Further, I submit that in view of non- availability of land for granting ex-servicemen in entire Raichur District, this authority has initiated to allot the site to the ex-servicemen in accordance with Rule 8 (ii) of the Karnataka Land Grant Rules, 1969, vide Order dated 23.12.2025. The copy is produced herewith and same is marked as ANNEXURE-R.2. Accordingly, the Planning Director, Raichur Urban Development Cell, Raichur, communicated to the Cell, Raichur, Commissioner of Municipal Corporation, Raichur to allot the site to the ex-servicemen on preferential basis. The copy of said communication dated 05.01.2026 is enclosed herewith same is marked as ANNEXURE - R.3.
- 12 -
NC: 2026:KHC-K:1333-DB CCC No. 200185 of 2025 HC-KAR I submit that, I have highest respect and regards for the orders passed by this Hon'ble Court and I have complied with the orders and directions passed by this Hon'ble Court. Therefore, for the reasons stated above, the Contempt proceeding may kindly be dropped."
10. The learned counsel for the complainant contended that the State Government has issued a circular dated 24.02.2022 whereby it had directed all the concerned authorities to conduct an exercise to find out whether it is necessary to continue the extent of Gomal by conducting an exercise as prescribed under Rule 97 of the Karnataka Land Revenue Rules, 1966 (for short 'the Rules, 1966'). He therefore contends that the respondents have issued an endorsement dated 10.01.2026 without conducting the mandatory exercise under the Rules, 1966. He contends that even after such an exercise, if there is no land available then the procedure under the said Rules has to be resorted to. He therefore contends that the affidavits filed by the Revenue Authorities in this contempt
- 13 -
NC: 2026:KHC-K:1333-DB CCC No. 200185 of 2025 HC-KAR petition are clearly half-hearted and is a clear attempt to avoid a just consideration of the application of the complainant. He further contends that there are several lands in Mudgal village, which are reserved for Gomal and there is no exercise conducted to find out whether there is a necessary to maintain such an extent.
11. Per Contra, learned Additional Government Advocate representing the accused submitted that though the State Government has issued a circular dated 24.02.2022 as stated by the learned counsel for the complainant, the Deputy Commissioner of Raichur has not taken any decision to reduce the extent of Gomal land. She however contends that in view of the affidavit filed before this Court, the Revenue Authorities in Raichur District shall henceforth not grant any Government land or land reserved for grazing for any purposes. She therefore submits that no land is available for grant to the complainant and that as per the said Rules, steps are
- 14 -
NC: 2026:KHC-K:1333-DB CCC No. 200185 of 2025 HC-KAR being taken to recommend for allotment of a site by the CMC, Raichur.
12. We have considered the submissions made by the learned counsel for the complainant as well as the learned Additional Government Advocate for the respondents.
13. The applicant being an ex-serviceman had filed an application seeking grant of land. The said application was rejected in terms of an endorsement dated 31.05.2024, which was challenged before this Court in W.P. No.203008/2024. The learned Single Judge of this Court quashed the endorsement and directed reconsideration of the application, particularly in the light of Annexures - B, B1 and C, which were enclosed with the writ petition and also in the light of the Rules, 2019. It appears from the order passed by the Deputy Commissioner dated 09.01.2026 that Annexures B, B1 and C filed along with the writ petition were noted. The Deputy
- 15 -
NC: 2026:KHC-K:1333-DB CCC No. 200185 of 2025 HC-KAR Commissioner has passed an order, rejecting the request of the applicant for grant of land on the ground that there is no land available in the entire Raichur District for such grant.
14. Further, the Deputy Commissioner after getting information from all Taluks in Raichur District, is of the opinion that there is no land available for grant to the complainant. Therefore prima facie, the directions issued by learned Single Judge of this Court is complied. The question as to whether such compliance is in accordance with law or not and it cannot be gone into in a contempt petition. If the complainant is aggrieved by the endorsement issued, he may challenge the same in accordance with law. Hence, the contempt petition is dropped.
15. Before we part from the case, the Deputy Commissioner, Raichur District has made a categorical statement in his affidavit, wherein he has declared that
- 16 -
NC: 2026:KHC-K:1333-DB CCC No. 200185 of 2025 HC-KAR there would henceforth be "a total freeze on grant of land in Raichur District including those lands that are reserved for Gomal". It is made clear that in case if any Government land or Gomal, in Raichur District is granted subsequent to 11.02.2026, the Revenue Official responsible for such grant shall be held personally responsible for violating the undertaking given before this Court.
Sd/-
(R.NATARAJ) JUDGE Sd/-
(TYAGARAJA N. INAVALLY) JUDGE SBS/AMM List No.: 1 Sl No.: 11