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Karnataka High Court

Channegowda K vs Rohini Sindhoori on 16 November, 2018

Bench: L.Narayana Swamy, H.P.Sandesh

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 16TH DAY OF NOVEMBER, 2018

                       PRESENT

     THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
                         AND
       THE HON'BLE MR. JUSTICE H.P.SANDESH

         CCC NOs.1355-1356/2018 (CIVIL)

BETWEEN :

1.     CHANNEGOWDA K
       S/O LATE KALEGOWDA
       AGED ABOUT 59 YEARS
       AGRICULTURE

2.     SMT. DHARANI
       W/O MANJEGOWDA
       AGED ABOUT 45 YEARS
       AGRICULTURE

       ALL PETITIONERS/COMPLAINANT
       ARE RESIDENTS OF
       ANKANAHALLI VILLAGE AND
       PETITIONER NO.2 IS RESIDENTS
       OF SABBANAHALLI VILLAGE
       TQ: HASSAN
       DISTRICT : HASSAN            ...COMPLAINANTS

       (BY SRI.VEDHU KUMAR Y.S., ADV.)

AND :

1.     ROHINI SINDHOORI
       THE DEPUTY COMMISSIONER
       HASSAN

2.     JAGADEESHA B.A
       THE SPL. LAO
       HEMAVATHI LEFT BANK CANAL
                                -2-


      CANAL NO.11
      DISTRIBUTORY NALA
      HASSAN                                  ...ACCUSED

      (BY SRI T.L. KIRAN KUMAR, AGA FOR A1 AND A2)
                       . . . .

     THESE CCCs ARE FILED UNDER SECTION 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF
CONSTITUTION OF INDIA PRAYING TO INITIATE CONTEMPT
PROCEEDINGS AGAINST THE ACCUSED FOR HAVING
WILLFULLY    AND   DELIBERATELY   DISOBEYING    THE
ORDER/DIRECTION ISSUED BY THIS HON'BLE COURT VIDE
ANNEXURE - A IN W.P. NO.32300-32301/2017 (LA - RES)
DATED 11.09.2017.

     THESE CCCs COMING ON FOR ORDERS THIS DAY,
L.NARAYANA SWAMY J., DELIVERED THE FOLLOWING:

                          ORDER

These contempt petitions are filed for non- compliance of the directions issued in W.P. Nos.32300- 301/2017 disposed of on 11.09.2017 directing respondents No. 2 and 3 to take appropriate decision in accordance with law within three months from the date of receipt of a copy of the order and communicate the same to the petitioners/complainants.

2. In compliance of the same, the learned counsel for respondents No. 2 and 3 - accused has made available the communication issued by the Special Land Acquisition Officer, Hassan to the Deputy -3- Commissioner, Hassan on 22.09.2018. A copy of the same has been handed over to the learned counsel for the complainants. On perusal of the same, it is seen that a decision has been taken to acquire the lands by issuing a preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3. In that light it is seen that the directions issued by this Court has been complied by the accused. Liberty is reserved to the complainants to approach the Special Land Acquisition Officer, Hemavathi Left Bank Canal, if they are not satisfied with the steps taken by the accused.

Accordingly, contempt petitions are dropped.

Sd/-

JUDGE Sd/-

JUDGE SPS