Karnataka High Court
Sri. Siddalingaiah vs Sri. Ramesh Pathri on 8 August, 2024
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NC: 2024:KHC:31699-DB
CCC No. 1288 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K V ARAVIND
CCC NO. 1288 OF 2023 (CIVIL)
BETWEEN:
1. SRI SIDDALINGAIAH
S/O LATE SATYAPPA
AGED ABOUT 57 YEARS
PRESIDENT OF THONDEBHAVI VILLAGE
GOWRIBIDANUR TALUK
CHIKKABALLAPUR DISTRICT - 562 101.
...COMPLAINANT
(BY SRI RAMESH K.R., ADVOCATE)
Digitally signed AND:
by PRABHAKAR
SWETHA
KRISHNAN 1. SRI RAMESH PATHRI
Location: High (FATHERS NAME NOT KNOWN )
Court of
Karnataka THE TAHSILDAR
GOWRIBIDANUR TALUK
CHIKKABALLAPUR DISTRICT - 562 101.
2. SRI SANJAY B.K.
(FATHER'S NAME NOT KNOWN)
THE DEPUTY DIRECTOR OF LAND RECORDS
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NC: 2024:KHC:31699-DB
CCC No. 1288 of 2023
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA - 562 101.
...ACCUSED
3. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
REVENUE DEPARTMENT
M.S. BULIDING
BENGALURU - 560 001.
...PRO FORMA RESPONDENT
(BY SRI MOHAMMED JAFFAR SHAH, AGA)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT 1971 PRAYING TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR
HAVING COMMITTED THE CONTEMPT OF THE ORDER
PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE
COURT IN W.P.NO.4948/2022 DATED 04.03.2022 AT
ANNEXURE-D AND DEAL WITH THEM IN ACCORDANCE WITH
LAW FOR HAVING COMMITTED SUCH ACT & ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:31699-DB
CCC No. 1288 of 2023
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The directions of learned Single Judge in the order dated 04.03.2022 while disposing of the writ petition was to direct respondent Nos.3 and 4, who are the Tahsildar and the Deputy Director of Land Records, Chikkaballapur, to consider and decide the representation of the petitioner.
2. What was prayed in the writ petition by the petitioner was to conduct phodi and durast in respect of the land bearing Sy.No.106 situated at Thondebahi Village, Gowribidanur Taluka, Chikkaballapur district.
3. Along with the compliance affidavit, the respondents have produced copy of the order/endorsement dated 13.05.2024 which is addressed by the Tahsildar, Gowribidanur Taluka to the Assistant Commissioner, Chikkaballapur. The contents of the same indicates that the process of conducting phodi and durast was undertaken by the competent authority. However, the area was -4- NC: 2024:KHC:31699-DB CCC No. 1288 of 2023 found to be reserved for forest as per the State Forest Notification dated 21.04.1913. Despite the said fact, the Bagar Hukum committee has granted the land and transferred the khatha. New survey number came to be assigned after durast and that the same is notified for the Forest Department.
4. The above exercise marks compliance of the directions, the doctrine of substantial compliance will apply. Nothing survives in the contempt petition. If any grievance subsists for the complainant, it is always open for him to institute independent proceedings in accordance with law to challenge the order/endorsement in respect of which, however, this Court does not express any opinion on merits.
5. The contempt proceedings are accordingly disposed of.
In view of disposal of the petition, the interlocutory application would not survive and it stands accordingly disposed of.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(K V ARAVIND) JUDGE KPS, List No.: 1 Sl No.: 12