Karnataka High Court
Basavaaraj S/O. Shivarayappa Badiger vs Secretary on 26 March, 2025
Author: S G Pandit
Bench: S G Pandit
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NC: 2025:KHC-D:5579-DB
CCC No. 100378 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 26TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
CIVIL CONTEMPT PETITION NO. 100378 OF 2023
BETWEEN:
BASAVARAJ S/O. SHIVARAYAPPA BADIGER
AGE. 58 YEARS, OCC. EMPLOYEE,
R/O. H.NO.62, 2ND MAIN, 3RD CROSS,
SARVAMANGALA LAYOUT, 7TH CROSS,
BASAVANAHALLI, NELAMANGALA, BENGALURU-562111.
...COMPLAINANT
(BY SMT. ARCHANA A. MAGADUM, ADVOCATE)
AND:
1. SELVAKUMAR, SECRETARY,
STATE OF KARNATAKA
DEPARTMENT OF INDUSTRIES AND COMMERCE,
VIDHANA SOUDHA,
BANGALORE-560001.
MOHANKUMAR
B SHELAR 2. SELVAKUMAR
KARNATAKA INDUSTRIAL
Digitally signed by
MOHANKUMAR B AREA DEVELOPMENT BOARD,
SHELAR
Location: HIGH
COURT OF
NRUPATHUNGA ROAD, BANGALORE-560001,
KARNATAKA
DHARWAD BENCH BY ITS EXECUTIVE OFFICER.
3. SRI. MARUTI BYAKOD
THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD,
DHARWAD-580001.
4. SRI. MAHESH
THE EXECUTIVE MEMBER
KIADB, RASTHROTHAN BUILDING,
NRUPTUNGA ROAD, BANGALORE-560001.
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NC: 2025:KHC-D:5579-DB
CCC No. 100378 of 2023
5. SRI. VUMLUNMANG VUALNAM
UNION OF INDIA
R/BY PRINCIPAL SECRETARY
TO THE GOVERNMENT OF INDIA,
DEPT. OF CIVIL AVIATION,
NEW DELHI-110003.
...ACCUSED
6. THE STATE OF KARNATAKA
R/BY AAG,
HIGH COURT OF KARNATAKA,
DHARWAD.
...PROFORMA RESPONDENT
(BY SRI. P.N. HATTI, ADVOCATE FOR A3 & A4;
SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR R6;
NOTICE TO A1,A2 & A5 DISPENSED WITH)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
CONSTITUTION OF INDIA, 1950, PRAYING TO, INITIATE THE
CONTEMPT PROCEEDING AGAINST THE ACCUSED/RESPONDENTS
FOR NOT COMPLYING WITH THE ORDER OF THIS HON'BLE COURT
DATED 12/01/2023 AT ANNEXURE-A PASSED IN
W.P.NO.103582/2021 (LA-RES) AND PUNISH THE
ACCUSED/RESPONDENT IN THE INTEREST OF JUSTICE.
THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
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CCC No. 100378 of 2023
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S G PANDIT) This contempt petition is filed complaining disobedience of order dated 12.01.2023 passed in WP No.103582/2021, whereunder this Court passed the following order:
i) The petition is allowed.
ii) The impugned endorsement dated 11.08.2021
is hereby set-aside.
iii) The concerned respondents are directed to pay
damages at 15% per annum as directed by the Hon'ble Apex Court in Suresh D Bankapur Vs. State of Karnataka and others, WP No.64214/2012 from 18.8.2008 till 29.12.2010 in favour of the petitioner on the amounts of compensation already received by the petitioner as expeditiously as possible and within a period of three months from the date of receipt of certified copy of this order.
2. Respondent/Karnataka Industrial Area Development Board1 filed WA No.100362/2023 and this Court vide judgment dated 11.03.2025 dismissed the writ appeal with costs of Rs.1 lakh.
3. Today, learned counsel Sri. P.N. Hatti for the respondent/KIADB files an affidavit of one Sri. Maruti Byakod, SLAO, KIADB, stating that in terms of order of the learned Single Judge, with costs as ordered, Demand Draft of Rs.4,87,803/- is handed over to the learned counsel for the complainant. Learned counsel Sri. 1 'KIADB' for short -4- NC: 2025:KHC-D:5579-DB CCC No. 100378 of 2023 Lakshman Reddy Kurahatty for the complainant acknowledges the receipt of the said Demand Draft bearing No.018941 dated 26.3.2025.
4. In view of the compliance of order, further proceedings are dropped.
Sd/-
(S G PANDIT) JUDGE Sd/-
(C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 31