Karnataka High Court
Mallappa Nagappa Hosawal vs Shridhar Gotarodi on 3 September, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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NC: 2024:KHC-D:12631-DB
CCC No. 100278 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
CIVIL CONTEMPT PETITION NO. 100278 OF 2023
BETWEEN:
MALLAPPA NAGAPPA HOSAWAL,
AGE. 54 YEARS, OCC. AGRICULTURE,
R/O. SANGRESHKOPPA PARASAGAD,
DIST. BELAGAVI-591126.
...COMPLAINANT
(BY SRI. V. G. BHAT, ADVOCATE)
AND:
SHRIDHAR GOTARODI,
THE SPECIAL LAND ACQUISITION OFFICER,
M. P. SAUNDATTI, TQ. SAUNDATTI,
Digitally
signed by
NOW AT NAVANAGAR, BAGALKOT,
JAGADISH T R TQ: AND DIST: BAGALKOT-587101.
Location: High
Court of
Karnataka,
Dharwad ...ACCUSED
Bench
(BY SRI. G. K. HIREGOUDAR, GOVT. ADVOCATE)
THIS CCC IS FILED U/S. 11 AND 12 OF THE CONTEMPT OF
COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF
INDIA, 1950, PRAYING TO ISSUE SUMMONS/NOTICES TO THE
ACCUSED AND THEY MAY BROUGHT BEFORE THE HON'BLE COURT
AND TRIED AND PUNISHED FOR THE OFFENCE OF CONTEMPT OF
COURT COMMITTED BY THEM FOR THE DISOBEDIENCE OF THE
ORDER PASSED IN W.P.NO.105414/2018 (LA-RES) DATED
21/01/2021 ANNEXURE-A, PASSED BY THIS HON BLE COURT, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS PASSED THEREIN AS UNDER:
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NC: 2024:KHC-D:12631-DB
CCC No. 100278 of 2023
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT) A learned single Judge of this Court vide judgment dated 21.01.2021 rendered in complainant's WP.No.105414/2018 (LA-RES) at paragraph No.6 has said as under:
"6. In view of the above, writ petition is disposed of directing the second and fifth respondents to consider the Annexure-G series and pass appropriate orders in accordance with law within a period of ninety days from the date of receipt of a certified copy of this order."
The complainant alleges non-compliance of the mandate of the learned single Judge. Their counsel submits that there is absolutely no justification whatsoever for non-compliance.
2. After service of notice, the answering respondent/accused having entered appearance through Government Advocate have filed an affidavit dated 25.04.2024. It is sworn by one Sri. Shridhar Gotur, who is -3- NC: 2024:KHC-D:12631-DB CCC No. 100278 of 2023 the Special Land Acquisition Officer of the project in question. He has also produced the orders dated 20.04.2024 and 23.04.2024. A perusal of the same shows that there is consideration as mandated by the learned single Judge of this Court. Therefore, we are of the considered view that there is compliance.
3. This Court being of limited jurisdiction specially conferred under the provision of Sections 11 & 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, cannot undertake critical examination of the two endorsements. The recommendation sent by the answering respondent herein shall be considered at the level of government by the jurisdictional officer within an outer limit of three weeks.
In view of the above, the contempt proceedings are liable to be and accordingly dropped, reserving liberty to the complainant to work out his remedies in accordance with law.
All contentions in that regard are kept open. -4-
NC: 2024:KHC-D:12631-DB CCC No. 100278 of 2023 Costs made easy.
Registry to send by speed post immediately a copy of this order to the Secretary, Department of Major Irrigation, Government of Karnataka, Vidhana Soudha, Bengaluru.
Sd/-
(KRISHNA S.DIXIT) JUDGE Sd/-
(VIJAYKUMAR A.PATIL) JUDGE ABK/ct-an List No.: 1 Sl No.: 5