Karnataka High Court
Bapusaheb Balasaheba Inamdar vs Nitish Patil on 8 August, 2023
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
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CCC No. 100296 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S:R: KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
CIVIL CONTEMPT PETITION NO: 100296 OF 2022 (-)
BETWEEN:
1. BAPUSAHEB BALASAHEBA INAMDAR,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: KHODANAPUR, TQ: BAILHONGAL,
DIST: BELGAUM.
1.(A) SMT. JAYASHREE W/O. BAPUSAHEB INAMDAR,
AGE: 57 YEARS, OCC: HOUSE HOLD,
R/O: KHODANAPUR, TW: BAILHONGAL,
DIST: BELGAUM.
1.(B) SHRI RAJENDRA S/O. BAPUSAHEB INAMDAR,
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O: KHODANAPUR, TW: BAILHONGAL,
DIST: BELGAUM.
SHIVAKUMAR
HIREMATH 1.(C) SHRI VISHAL S/O. BAPUSAHEB INAMDAR,
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O: KHODANAPUR, TW: BAILHONGAL,
Digitally signed
by DIST: BELGAUM.
SHIVAKUMAR
HIREMATH
Date: 2023.08.17
16:06:45 -0700 1.(D) VIJAY S/O. BAPUSAHEB INAMDAR,
AGE:28 YEARS, OCC: AGRICULTURE,
R/O: KHODANAPUR, TW: BAILHONGAL,
DIST: BELGAUM.
2. SMT. SUSHEELADEVI W/O. NANASAHEB PATIL,
AGE: 62 YEARS,OCC: HOUSEHOLD,
R/O: RAYA ROAD, 341, TILAKAWADI,
TAL. AND DIST: BELAGAVI.
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CCC No. 100296 of 2022
3. SMT. INDUMATI D/O. BALASAHEB INAMADAR,
AGE: 60 YEARS, OCC: HOUSE HOLD,
R/O: KHODANAPUR, TQ: BAILHONGAL,
DIST: BELGAUM.
...COMPLAINANTS
(BY SRI PRASHANTH T. AREGULI, ADVOCATE)
AND:
1. NITISH PATIL,
AGE: MAJOR, OCC: DEPUTY COMMISSIONER,
R/O: BELAGAVI, DIST: BELAGAVI.
2. SOMALINGAPPA GANGAPPA HALAGI,
AGE: MAJOR, OCC: TAHASILDAR,
R/O: KITTUR, DIST: BELGAUM.
3. THE STATE OF KARNATAK,
REPRESENTED BY PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, M.S. BUILDING,
AMBEDKAR VEEDHI,
BANGALORE-560001.
...RESPONDENTS/ACCUSED
(BY SRI G.K. HIREGOUDAR GOVERNMENT ADVOCATE)
THIS CIVIL CONTEMPT PETITION IS FILED UNDER
SECTION 11 AND 12 OF CONTEMPT OF COURT'S ACT 1963,
R/W ARTICLE 215 OF CONSTITUTION OF INDAI, PRAYING TO
THIS HON BLE COURT AND TRY AND PUNISH FOR THE
OFFENCE OF CONTEMPT COMMITTED BY THEM, BY WILLFULLY
DISOBEYING THE ORDER PASSED BY THIS HON BLE COURT IN
WRIT PETITION NO:112744/2015 DATED 22/02/2019 VIDE
ANNEXURE-E IN THE ENDS OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, S.R. KRISHNA KUMAR, J., MADE THE
FOLLOWING:
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NC: 2023:KHC-D:8501-DB
CCC No. 100296 of 2022
ORDER
These contempt proceedings have been initiated by the writ petitioners alleging willful disobedience of the order dated 22.02.2019 passed in Writ Petition No.112744/2015.
2. Compliance affidavit is filed on behalf of the State which reads as under:
"AFFIDAVIT I, Ravindra S/o. Karagolappa Hadimani, aged about 38 years, presently working as Tahasildar, Kittur, Dist: Belagavi, today at Dharwad, do hereby solemnly affirm and state on oath as follows:
1. I respectfully submit that, in the above case, I am the accused No.2 and I know the facts of the case based on the records maintained in the office and hence I swear to the contents of this Affidavit.
2. I respectfully submit that, I am working as the Tahasildar, Kuttur, Dist: Belagavi from 03.02.2023 till today.
3. I humbly submit that, the complainant filed à above said Judge in Contempt Petition for willful disobedience of the Order passed by the Learned Single W.P.No.112744/2015, dated:22.02.2019 vide Annexure-E.
4. It is respectfully submitted that, the above said Contempt is filed after lapse of 3 years. Hence, -4- NC: 2023:KHC-D:8501-DB CCC No. 100296 of 2022 under Section 20 of the Act, the Contempt is to be filed within one year from the date of the Order passed by the Hon'ble Court. Therefore, the above said Contempt may kindly be dismissed on the ground of delay only.
5. Further, I respectfully submitted that, the Petitioner herein filed Annexure-E Order passed by the Hon'ble Court in W.P.No.112744/2015 wherein the Hon'ble Court directed the Deputy Commissioner to consider the representation vide Annexure-D.
6. Further, the father of the Complainant filed CCC No.100128/2019, the said contempt is dismissed on the ground that, SLP (Civil) Diary No.30407/2019 is pending before the Hon'ble Supreme Court.
7. It is respectfully submitted that, the said Diary- 24261/2019. No.30407/2019 numbered as SLP (Civil) No.24260-24261/2019.
8. It is respectfully submitted that, the land in question measuring 2918 acres, 19 guntas. The said land was notified Forest Land by Notification dated 25.04.1955 under the Indian Forest Act, 1927.
9. The Land Tribunal vide Order No.KLR/TRB/DCE/136/193/194, 05.12.2011, considered Form No.II under Section 66 of the Karnataka Land Reforms Act, 1961 filed by the father of the Complainant on 20.12.1974 and 10.12.1975. Initially, the Land Tribunal passed an Order on 01.07.1991 under Section 67(1)(b) of the Act stating that, father of the Complainant was holding land in excess of the limit against which the declarant filed a W.P.No.16546/1991, 16708/1991 and 16709/1991. The said Writ Petitions were disposed of on 19.08.1993 and 03.03.1994 and remitted back to the Land Tribunal for reconsideration. The Land Tribunal vide Order Dated 20.06.2002 declared as declarant were having excess land against which the declarant filed a W.P.No.28004/2002 dated 13.04.2007 disposed of the -5- NC: 2023:KHC-D:8501-DB CCC No. 100296 of 2022 matter and remitted back to the Land Tribunal. The Land Tribunal vide Order dated 05.12.2011 declared that, the declarant name to be entered in Column No.9 and Column No.12 (2) of the Record of Rights.
10. It is respectfully submitted that, the State filed W.P.No.63322/2012 for quashing the Order dated 05.12.2011 passed by the Land Tribunal. The above said Writ Petition is referred to Green Bench as the disputed lands belong to erstwhile Bombay Karnataka Area on 25.04.1955. The Government of Bombay issued notification under sub section 1 of Section 35 of the Indian Forest Act 1925 prohibiting certain acts in the disputed lands. The above said Writ Petition is disposed of with a direction to the State Government to take steps against the declarant under Section 36 and 37 of the Indian Forest Act, 1927 Or under Karnataka Forest Act, 1963. Against the said order, the Review Petition No.304/2016 was field by the State. The same is disposed of on 20.08.2018 with an observation that, "the state to take steps either under sSection 36 and 37 of the Indian Forest Act or under Karnataka Forest Act, 1963".
11. It is respectfully submitted that, after disposal of the Review Petition, the declarant filed W.P.No.112744/2015 seeking for mandamus to enter the name of the Revenue records in respect of the land bearing Sy.No.28/A, 37, 38/A+B, 39/B, 44, 45, 46, 47, 112, 115, 118, 119/1, 126, 187, 339/A+B+K (of this ½), 54, 42, 41, 40, 21, 55, 337, 43, 39/A, 23 (schedule A properties), 26, 341/1, 153, 159, 162, 163, 164, 165, 166, 167, 170, 200, 183 (of this ½), 176 (of this ½), 202, 306, 208, 224/1, 293, 233 (schedule B properties), 173/1+2, (schedule property), 110, 117, 169, 178, 184/2, 185, 207, 344/1, 113, 116 and 333/1A (schedule D properties), situate in Kulavalli village, Bailhongal taluk and the said Writ Petition disposed of on 22.02.2019.
12. In the meanwhile, the Government has preferred SLP No.24260-24261/2019. The said SLP -6- NC: 2023:KHC-D:8501-DB CCC No. 100296 of 2022 was disposed of with an observation made in para No.8 that, "it was always open to the State to take steps under Section 36 and 37 of the Indian Forest Act, 1927 or the Karnataka Forest Act, 1963". Accordinigy, the Deputy Commissioner, Belagavi conducted proceedings and passed an Order No.KLR/CR/32/2022-23, Dated 25.05.2023 directed the Tahasildar to enter the name of complainant subject to following Section 35, 36 and 37 of the Indian Forest Act, 1927 Or Karnataka Forest Act. Copy of the Order passed by the Deputy Commissioner, Belagavi vide Order dated 25.05.2023 is herewith produced and marked as DOCUMENT NO.1 for kind perusal of this Hon'ble Court.
13. It is respectfully submitted that, in respect of 61 acres 23 guntas of the land in question, was granted to the tenants by the Land Tribunal. Therefore, to enter the name of the complainant, the Tahasildar issued notice to enter the name of the Complainant as per the direction of the Hon'ble Supreme Court. When the matter is pending consideration before the Tahasildar, in view of the pendency of the Contempt and to comply the direction of the Hon'ble Supreme Court, now the Deputy Commissioner, Belagavi passed an Order vide bearing No.KLR/CR/32/2022-23, Dated 26.05.2023. Copy of the Order dated 26.05.2023 is herewith produced and marked as DOCUMENT NO.2.
14. It is respectfully submit that, as per the direction of the Deputy Commissioner dated 25.05.2023 and 26.05.2023, entered the name of the Complainant in the Record of Rights as per Annexure- D in W.P.No.112744/2015 dated 22.02.2019. Copies of Records of Rights (series) are herewith produced and marked as DOCUMENT NO.3 for kind perusal of this Hon'ble Court.
15. I respectfully submit that, since there is a delay in considering the direction of this Hon'ble Court within the stipulated time. I beg your lordship pardon -7- NC: 2023:KHC-D:8501-DB CCC No. 100296 of 2022 for the said delay and there is no intention to disobey the order of this Hon'ble Court and the delay caused is not intentional or willful. The delay is for the bonafide reasons and administrative reasons. For the said delay, I sincerely tender my unconditional apology before this Hon'ble Court and my unconditional apology may kindly be accepted.
16. I respectfully submit that, I have highest regard and respect for the order of this Hon'ble Court or orders passed by any Court of law. At no point of time, I have disobeyed the directions/orders of this Hon'ble Court willfully and intentionally. I hereby tendered my unconditional apology for the unintentional disobedience or lapses if any that may have occurred from my side, keeping in view of the facts and circumstances of the case.
WHEREFORE, I most humbly prays that this Hon'ble Court be pleased to drop the contempt proceedings initiated against me in the interest of justice and equity.
Hence, this affidavit".
3. As can be seen from the aforesaid affidavit and the document Nos.1 and 2 produced along with the same, the directions issued by this Court have been complied with by the respondents. The respondents have also tendered unconditional apology and have given reasons as to why they could not comply with the order within the stipulated time. Under these circumstances, in view of the -8- NC: 2023:KHC-D:8501-DB CCC No. 100296 of 2022 compliance of the order dated 22.02.2019 passed in Writ Petition No.112744/2015 by this Court, we deem it just and appropriate to dispose of these contempt proceedings reserving liberty in favour of the complainants to take recourse to such remedies as available under law including challenging the orders dated 25.05.2023 and 26.05.2023.
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JUDGE Sd/-
JUDGE RH List No:: 1 Sl No:: 16