Karnataka High Court
N Raghavendra Murthy vs Mahendra Jain on 1 December, 2022
Author: B.Veerappa
Bench: B.Veerappa
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CCC No.58 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF DECEMBER, 2022
PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA
CIVIL CONTEMPT PETITION No.58 OF 2021
BETWEEN:
1. N. RAGHAVENDRA MURTHY,
S/O LATE NARAPPA,
AGED ABOUT 69 YEARS,
NO.L. 214-215, 807, HUDCO 2ND STAGE,
KUVEMPUNAGAR, MYSORE -23.
2. ATEEQ AHMED,
S/O LATE ABDUL RAWOOF,
AGED ABOUT 51 YEARS,
NO.33, A. R. FARM, RAYAKERE,
CHOWDALLI VILLAGE, MYSORE -08
3. M. D. RANGA,
Digitally signed S/O LATE DEVAPPA NAYAK,
by MALATESH AGE 57 YEARS, NO.59, VRC YADAGIRI,
KC MYSORE- 20.
Location: High
Court of 4. G. B. MANJUNATH,
Karnataka
S/O G. B. BASAPPA,
AGED 59 YEARS, NO.203, 3RD FLOOR,
PRIYADARSHINI APARTMENT,
NAZARABAD, MYSORE.
5. MUJEED AHMAD,
S/O LATE ABDUL SALAM,
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CCC No.58 of 2021
AGED ABOUT 47 YEARS,
RESIDING NEAR MYSORE PUBLIC SCHOOL,
CHOWDALLI VILLAGE, MYSORE- 08.
6. SMT. SALEHA BEGUM,
W/O LATE ABDUL SUBHAN,
AGED ABOUT 73 YEARS, CHOWDALLI VILLAGE,
MYSORE- 08.
...COMPLAINANTS
(BY SRI. PARAMESHWAR N. HEGDE., ADVOCATE)
AND:
1. MAHENDRA JAIN,
PRINCIPAL SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF REVENUE,
M. S. BUILDING,
BANGALORE - 01.
2. SMT. ROHINI SINDHURI,
DEPUTY COMMISSIONER,
MYSORE DISTRICT, MYSORE.
3. SR. RAKSHITH K. R.
THASILDAR,
MYSORE TALUK, MYSORE.
4. STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
VIDHANA SOUDHA,
BANGALORE.
...ACCUSED
(BY SRI KIRAN KUMAR, HIGH COURT GOVERNMENT PLEADER
FOR A2 AND A3)
****
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT,
PRAYING TO SECURE THE PRESENCE OF THE ACCUSED AND
DEAL WITH THEM IN ACCORDANCE WITH LAW FOR HAVING
VIOLATED THE ORDER OF THIS COURT DATED 19.06.2020
PASSED IN W.P.Nos.22658-22662/2015 AND 22663/2015.
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CCC No.58 of 2021
THIS CCC COMING ON FOR ORDERS THIS DAY,
B.VEERAPPA J., MADE THE FOLLOWING:
ORDER
The complainants filed the present Civil Contempt Petition to take action against the accused persons under the provisions of Sections 11 and 12 of the Contempt of Courts Act, for willful disobedience of the directions (a) to (d) in paragraph (vii)II of the Order dated 19.06.2020 passed in W.P. Nos.22658- 22662/2015 and 22663/2015, wherein, the learned single Judge has directed the revenue authorities/municipal authorities to consider making appropriate entries in the names of the petitioners upon representations being made in accordance with law and as per the applicable procedure, in the light of the findings made in the said order.
2. Learned High Court Government Pleader filed the further compliance affidavit of Sri Girish B.N., Tahsildar, Mysuru Taluk, wherein, at paragraphs 2 to 6, it is stated as under:
"2. I most respectfully submit that, Sri Raghavendra Murthy made representation to make podi and durasthi of land measuring 10-00 acres in Sy.No.39 of Chowdahalli village, podi and durasti work is done new Sy.No.68 is given by Assistant -4- CCC No.58 of 2021 Director of land records (ADLR). As per the ADLR report new survey no RTC is incorporated, the incorporated report already mentioned in affidavit dated 20.08.2022.
3. I most respectfully submit that, Sri Atheeq Ahammed made representation to make podi and durasthi of land measuring 24.02 acres in Sy.No.39 of Chowdahalli village, podi and durasti work is done and new survey Nos.69, 70, 72, 75 is given by Assistant Director of Land Records (ADLR). As per the ADLR report new survey no RTC incorporated. RTC copy is enclosed here with as Annexure-R1.
4. I most respectfully submit that, Sri M.D.Ranga made representation to make podi and durasthi of land measuring 10.00 acres in Survey No.39 of Chowdahalli village, podi and durasti work is done and new survey no.74 is given by Assistant Director of Land Records (ADLR). As per the ADLR report new survey no RTC incorporated. RTC copy is enclosed herewith as Annexure-R2.
5. I most respectfully submit that, Sri G.B.Manjunath made representation to make podi and durasthi of land measuring 17.00 acres in Survey No.39 of Chowdahalli village, podi and durasti work is done and new survey no.73 is given by -5- CCC No.58 of 2021 Assistant Director of Land Records (ADLR). As per the ADLR report new survey no RTC incorporation. RTC copy is enclosed herewith as Annexure-R3.
6. I most respectfully submit that, Sri Mujeed Ahammed not made the representation to make podi and durasthi and notice has been issued to petitioner for producing representation along with documents to conduct phodi. Report is already mentioned in affidavit dated 20.08.2022."
3. In respect of complainant No.6-Smt.Saleha Begum, it is stated that, Smt.Saleha Begum has died. Petitioner's legal heir Sri Shabeer Ahammad made representation to make podi and durasthi in Sy.No.39 of Chowdahalli village. The applicant raised some litigation about extent. As per the sale deed, applicant have 42.00 acres. In this extent, 22.20 acres of land is acquired for various purpose, remaining 19.20 acres of land belongs to the applicant. But, as per O.S.No.751/2006 compromise petition between family members of the applicant, 3.16 acres of land has to come to the applicant from Atheeq Ahammed and Jakiya Banu Kabeer A.S. and others. But Jakiya -6- CCC No.58 of 2021 Banu land is not in process of podi durasthi, because they were not given representation to make podi and durasthi.
4. It is further stated that they will conduct enquiry about the litigation and proposal sent to Assistant Commissioner to resolve the issue as per law and enclosed the report of the ADLR, and thereby, submits that the Order of the learned single Judge has been complied with.
5. As per the further compliance affidavit, the podi and durasthi has been done. The order of the learned single Judge has been complied with.
6. In view of the above, we pass the following:
ORDER The Contempt Proceedings are hereby dropped.
Sd/-
JUDGE Sd/-
JUDGE kcm