Karnataka High Court
Malkajappa And Ors vs Ms Fouzia Taranum Ias And Ors on 28 June, 2024
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CCC No.200109 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
CIVIL CONTEMPT PETITION NO.200109 OF 2024
BETWEEN:
1. MALKAJAPPA
S/O SHIVASHARANAPPA,
AGE: 85 YEARS,
OCC: AGRICULTURE,
2. SHIVASHARANAPPA
S/O MALKAJAPPA,
AGE: 60 YEARS,
OCC: AGRICULTURE,
Digitally signed by 3. CHANNABASAVARAJ
BASALINGAPPA
SHIVARAJ S/O MALKAJAPPA,
DHUTTARGAON
Location: HIGH
AGE: 55 YEARS,
COURT OF OCC: AGRICULTURE,
KARNATAKA
4. SANJEEVKUMAR
S/O MALKAJAPPA,
AGE: 50 YEARS,
OCC: AGRICULTURE,
ALL R/O: PLOT NO.1/2,
MAHALAXMI LAYOUT,
BRAHAMPUR, KALABURAGI.
...COMPLAINANTS
(BY SRI DEEPAK V.BARAD, ADVOCATE)
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NC: 2024:KHC-K:4401-DB
CCC No.200109 of 2024
AND:
1. MS. FOUZIA TARANUM, I.A.S.
THE DEPUTY COMMISSIONER,
KALABURAGI - 585 102.
2. SRI BHANWAR SINGH MEENA, I.A.S.
THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT,
KALABURAGI - 585 102.
3. SRI GANGADHAR
THE TAHASILDAR,
KAMALAPUR,
TQ: KAMALAPUR,
DIST: KALABURAGI - 585 102.
...ACCUSED
4. STATE OF KARNATAKA
REPRESENTED BY SECRETARY,
REVENUE DEPARTMENT,
M.S.BUILDING, BANGALURU - 07.
....PROFORMA PARTY
(BY SRI VENKATESH C. MALLABADI, ADVOCATE FOR R2;
SMT. MAYA T.R., H.C.G.P., FOR R3 AND R4;
V/O DTD. 14.06.2024 COMPLAINT AGAINST
R1 IS DISMISSED AS NOT PRESSED).
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURT ACTS READ WITH ARTICLE 215 OF
CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT
PROCEEDINGS AGAINST THE ACCUSED / RESPONDENTS FOR
NON-COMPLIANCE OF ORDER OF THIS HON'BLE COURT DATED
13.12.2023 PASSED IN WRIT PETITION NO.202374/2023 AS
AT ANNEXURE-A AND PUNISH HIM IN ACCORDANCE WITH
LAW, IN THE INTEREST OF JUSTICE.
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CCC No.200109 of 2024
THIS CCC COMING ON FOR ORDERS THIS DAY,
ASHOK S. KINAGI J., MADE THE FOLLOWING:
ORDER
This contempt petition is arising out of the order dated 13.12.2023 passed in W.P.No.202374/2023 wherein the petitioner filed a writ petition seeking a mandamus directing the respondent Nos.3 and 4 to consider the representation dated 01.06.2023 vide Annexures-E and F. The learned Single Judge vide order dated 13.12.2023 allowed the writ petition and directed the respondent Nos.3 and 4 to consider the representation dated 01.06.2023 and pass suitable orders within three months from the date of receipt of certified copy of the order and the same shall be done in co-operation with respondent Nos.3 and 4.
2. After the disposal of the writ petition, the petitioner submitted a representation to the respondent No.4 along with copy of the order passed in the writ petition for implementation of the order and also submitted a copy to -4- NC: 2024:KHC-K:4401-DB CCC No.200109 of 2024 the Contemnor No.2. In spite of the representation, the Contemnor Nos.2 and 3 have not complied with the directions issue by the learned Single Judge and order is willfully disobeyed. Hence, this contempt petition is filed.
3. Today, the learned counsel for the incumbent respondent No.3/Contemnor filed a counter affidavit of Mohd. Moshin Ahmed S/o Md. Nabi Sab, working as a Grade-I Tahasildar, Kamalapur Taluk along with documents marked as Annexures-R1 to R10. Perusal of the records go to show that, he has issued notice to ADLR, Kalaburagi, Revenue Inspector, Mahagaon Circle and Panchayat Development Officer, Nagoor on 05.02.2024, requesting them to make the survey of the subject land bearing Sy.No.295. The concerned ADLR written a letter to the office of the Thasildar on 15.03.2024 stating that the deletion of the name of the complainant in the Record of Rights does not fall under his jurisdiction. It is submitted that again, he has written a letter to the Land Acquisition Officer, Kalaburagi on 14.03.2024 and another -5- NC: 2024:KHC-K:4401-DB CCC No.200109 of 2024 letter dated 21.05.2024 requesting him to provide necessary documents for the acquisition of the subject land. However, the authorities have not given any clarification. Then, after consulting with KNNL and Land Acquisition Officer, then he came to know that the total extent of land bearing Sy.No.295/2 Khasar Pahani for the year 1958-59 is shown as 15 Acres 34 guntas but, as per the survey settlement 1964 Aakar Bandh, the subject land is showing only measuring of 13 Acres 22 guntas. The concerned ADLR again written a letter on 26.06.2024 along with the report and sketch stating that the land is only measures 13 acres 22 guntas. As per available records and survey of the ADLR, the land Sy.No.295/2 measures to the extent of 12 Acres 31 Guntas and Sy.No.295 to the extent of 31 Guntas and totally measures 13 Acres 22 Guntas. The right over said 13 Acres 22 guntas has already been transferred to the third party. Hence, there is no land available to the complainant. Accordingly, the endorsement came to be issued on 26.06.2024 and the same was sent to the -6- NC: 2024:KHC-K:4401-DB CCC No.200109 of 2024 complainant through RPAD. Hence, it is contended that though the learned Single Judge directed to comply the order passed by the learned Single Judge within a stipulated period, the contemnor states that since they have made correspondence to the Land Acquisition Officer, Zilla Panchayat and ADLR, there is delay in complying the order passed by the learned Single Judge.
4. The contemnor No.2 is present before the Court and he undertakes that he will consider the representation of the complainant as per order passed by the learned Single Judge within two days i.e., by 01.07.2024.
5. The said undertaking is placed on record. In view of same, nothing further survives for consideration. Accordingly the contempt petition is dropped reserving liberty to the complainant to challenge the order passed by the Contemnor No.3.
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6. Further, liberty is reserved to the complainant to revive this order, if Contemnor No.2 does not pass any order by 01.07.2024.
Notice is discharged.
Sd/-
JUDGE Sd/-
JUDGE BL List No.: 1 Sl No.: 44