Karnataka High Court
Sri A M Kalappa vs The State Of Karnataka on 16 January, 2025
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NC: 2025:KHC:1831-DB
CCC No. 1023 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
CCC NO. 1023 OF 2024 (CIVIL)
BETWEEN:
1. SRI A.M. KALAPPA,
S/O. LATE A.P. MADAPPA
AGED ABOUT 68 YEARS,
R/AT KADAGARAHALLI VILLAGE,
KASABA HOBLI,
SAKLESHPURA TALUK
HASSAN DISTRICT - 573 134
Digitally ALSO R/AT NO.345,
signed by ESHWAR VILLAS
PRABHAKAR 4TH BLOCK, BDA LAYOUT
SWETHA ANJANAPURA POST
KRISHNAN BANGALORE - 560 108
Location: ...COMPLAINANT
High Court of
Karnataka (BY SRI PRASHANTH P.N., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
VIKAS SOUDHA,
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NC: 2025:KHC:1831-DB
CCC No. 1023 of 2024
AMBEDKAR VEEDHI
BANGALORE - 560 001
REPRESENTED BY
PRINCIPAL SECRETARY
...PROFORMA RESPONDENT
2. SMT. SATHYABHAMA MAJOR, THE DEPUTY COMMISSIONER OF HASSAN DISTRICT O/AT B.M. ROAD, RANGOLI HALLA HASSAN - 573 201 ...ACCUSED (BY SMT. PRAMODHINI KISHAN, AGA) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NO.2 AND TO PROSECUTE THE ACCUSED NO.2 ACT ON THE PART OF THE ACCUSED NO.2 DELIBERATELY SHOWING DISRESPECT DISOBEDIENCE TO THE HON'BLE COURT N NOT IMPLEMENTING THE TIME BOUND SPECIFIC ORDER OF THE HON'BLE COURT PASSED IN WP NO.20664/2023, DATED 02.11.2023 WITHOUT A SCANT RESPECT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED MADE THEREIN AS UNDER: -3-
NC: 2025:KHC:1831-DB CCC No. 1023 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGEMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. P.N. Prashanth for the complainant and learned Additional Government Advocate Smt. Pramodhini Kishan for the respondents.
2. Before learned Single Judge in the writ petition, the prayer of the petitioner was to direct the authorities to consider the representations made by him regarding preparing of missing records and to conduct phodi and durast in respect of subject matter land.
3. The petition was disposed of by learned Single Judge as per the order dated 02.11.2023 whereby, it was directed to respondent No.2-the Deputy Commissioner to consider the representation of the petitioner dated 20.03.2019.
4. When the contempt of Court was alleged in respect of the above direction by filing this petition, the authorities have -4- NC: 2025:KHC:1831-DB CCC No. 1023 of 2024 responded with an affidavit-in-reply along with which, the endorsement dated 29.11.2024 is produced wherein it is inter alia stated that the land in Survey No.101 situated at Kadagarahalli Village, Kasaba Hobli, Sakaleshpura Taluka is a reserved forest area and non-forest activities cannot be undertaken therein. It is therefore stated that it is not possible to conduct durast and give new survey number. The request of the petitioner is thus rejected.
5. The said endorsement is based on the proceedings of the Missing Files Committee meeting which was held on 29.11.2024.
Since the direction of learned Single Judge was only to consider the representation, the same has been considered and the decision is rendered.
6. In that view, the contempt cannot be alleged. The direction is complied with. Nothing survives in the present petition.
7. The petition is accordingly disposed of.
Learned advocate for the complainant, at this stage, submitted that the complainant may be permitted to challenge the aforesaid endorsement on merits. Such liberty is reserved, -5- NC: 2025:KHC:1831-DB CCC No. 1023 of 2024 however, this Court does not express any opinion on merits about such recourse.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(M.I.ARUN) JUDGE CR List No.: 1 Sl No.: 36