Karnataka High Court
Shri. Talavane Krishna vs Smt. Rohini Sindhuri on 21 July, 2022
Author: B.Veerappa
Bench: B.Veerappa
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2022
PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA
C.C.C.No.801/2020 (CIVIL)
BETWEEN:
1. SHRI TALAVANE KRISHNA
S/O. LATE T. THIMMAPPAIAH,
AGED ABOUT 71 YEARS,
TALAVANE FARM,
LALITHADRIPURA,
MYSORE - 570 028.
2. SMT. ANITA KRISHNA
W/O. SRI TALAVANE KRISHNA,
AGED ABOUT 60 YEARS,
TALAVANE FARM,
LALITHADRIPURA,
MYSORE - 570 028.
REPRESENTED BY GPA HOLDER
SHRI TALAVANE KRISHNA
S/O. LATE T. THIMMAPPAIAH,
AGED ABOUT 71 YEARS,
TALAVANE FARM,
LALITHADRIPURA,
MYSORE - 570 028. ... COMPLAINANTS
(BY SMT. G.K.BHAVANA, ADVOCATE)
-2-
AND:
1. SMT. ROHINI SINDHURI
W/O. SRI SUDHIR REDDY
AGED ABOUT 36 YEARS,
THE DEPUTY COMMISSIONER,
MYSORE DISTRICT,
MYSORE - 570 001.
2. SRI RAKSHITH K.R.
AGE MAJOR
THE TAHSILDAR,
MYSORE TALUK,
MYSORE - 570 054.
3. STATE OF KARNATAKA
VIDHANA SOUDHA,
BANGALORE - 560 001
REP. BY CHIEF SECRETARY.
4. SECRETARY
DEPARTMENT OF REVENUE,
STATE OF KARNATAKA,
M.S. BUILDING,
BANGALORE - 560 001.
5. DR. BAGADI GAUTHAM
THE DEPUTY COMMISSIONER,
OFFICE OF THE DEPUTY COMMISSIONER,
OPP. TO MYSURU UNIVERSITY,
MYSURU - 570 005.
(ACCUSED NO.5 IMPLEADED
V.C.O. DATED 14.07.2022) ... ACCUSED
(BY SRI D.S. SHIVANANDA, AGA FOR A-1 & A-2;
PROFORMA-STATE - A-3, A-4 & A-5)
-3-
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215
OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT,
WHEREIN HE PRAYS THAT THE HON'BLE COURT BE
PLEASED TO INITIATE CONTEMPT PROCEEDINGS AGAINST
THE ACCUSED HEREIN AND PUNISH THEM IN
ACCORDANCE WITH LAW FOR HAVING DELIBERATELY
DISOBEYED THE ORDER OF THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT DATED 19.06.2020 IN
W.P.NOS.27488-92/2015 AND 27494-95/2015
(ANNEXURE-A).
THIS CCC COMING ON FOR ORDERS, THIS DAY,
B.VEERAPPA J., PASSED THE FOLLOWING:
ORDER
The complainants have filed the present Civil Contempt Petition against the accused persons to take action under the provisions of Sections 11 and 12 of the Contempt of Courts Act for disobedience of the order dated 19.06.2020 passed by the learned Single Judge of this Court made in W.P.No.27488-92/2018 and 27494-95/2015, wherein the learned Single Judge set aside the impugned orders dated 26.05.2015 passed by the Deputy Commissioner. -4-
2. Sri. Girish B.N., Tahsildar, Mysuru Taluk, Mysuru District has filed Affidavit in CCC No.637/2021 and at paragraph No.4.5 (f) in respect of present contempt petition has specifically stated on oath as under:
"4.5 (f) In C.C.C.No.801/2020, with regard to the Complainant in the said case, the Application for Phodi and Durasth was received in our office on 16.04.2022, the same was cross checked with the records available in our office and after scrutiny, the Application of the Complainant will be forwarded to the Assistant Commissioner, Mysuru Sub-Division for further action. The complainant has been forwarded to jurisdictional Assistant Director of Land Records (A.D.L.R.) for further action, immediately after completion of the proceedings before the A.D.L.R, regarding Phodi and Durasth the property will be bifurcated and independent RTC will be given by the office of the Tahsildar within 30 days from the date of receipt of letter from the A.D.L.R."-5-
3. In view of the above, the contempt proceedings are hereby dropped, directing the Tahsildar to ensure that the phodi and durasth of the property shall be bifurcated and independent RTC shall be issued to the complainants within a period of 30 days from the date of receipt of letter received from the ADLR, failing which, it is always open for the complainants to file revive application and in those circumstances, this Court will take serious view against the Tahsildar.
Sd/-
JUDGE Sd/-
JUDGE MBM