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2025 DAILYLAW 11319 (KAR)

DEVENDRA AND ANR v. RAJENDER KUMAR KATARIA I.A.S AND ORS

CCC/200133/2023 · 2025-04-15

K Natarajan, Vijaykumar A Patil

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-K:2292-DB CCC No. 200133 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO. 200133 OF 2023 BETWEEN: 1. DEVENDRA S/O TRIMBAKRAO, AGE: 52 YEARS, OCC: AGRICULTURE, R/O VILLAGE, CHIKLI-U, TQ: AURAD-B, DIST: BIDAR. 2. RATNABAI W/O TRIMBAKRAO, AGE: 76 YEARS, OCC: HOUSEHOLD & AGRICULTURE, R/O VILLAGE CHIKLI-U, TQ: AURAD-B, DIST: BIDAR. …COMPLAINANTS (BY SRI K.M. GHATE, ADVOCATE) AND: 1. MR. RAJENDER KUMAR KATARIA, I.A.S, THE STATE OF KARNATAKA THROUGH ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA VEEDHI, VIDHANA SOUDHA, BENGALURU – 01. 2. SMT. SHILPA SHARMA, IAS THE DEPUTY COMMISSIONER, BIDAR, DIST: BIDAR – 585401. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2292-DB CCC No. 200133 of 2023 3. MR. LAVISH ORDIA, I.A.S, THE ASSISTANT COMMISSIONER, BIDAR, DIST: BIDAR – 585401. 4. MR. MALLASHETTY CHIDRI THE TAHSILDAR, TQ: AURAD-B, DIST: BIDAR. 5. DR. GIRISH DILIP BODOLE THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT (PROJECT DIVISION), BIDAR, DIST: BIDAR. 6. THE EXECUTIVE ENGINEER, ZILLA PANCHAYAT, (PROJECT DIVISION), BIDAR, DIST: BIDAR – 585401. …ACCUSED 7. THE STATE OF KARANATAKA THROUGH ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA VEEDHI, VIDHANA SOUDHA, BENGALURU – 01. …PROFORMA PARTY (BY SRI MALLIKARJUN C. BASAREDDY, GA FOR R2 TO R4 & R7; SRI PRASHANT S. KUMMAN, ADV. FOR R5 & R6) THIS CCC IS FILED UNDER SECTION 11 & 12 OF THE CONTEMPT OF COURT ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO REGISTER THE COMPLAINT AND ISSUE NOTICE OF CONTEMPT OF COURT PROCEEDINGS AS AGAINST THE RESPONDENTS AUTHORITIES CALLING THEIR EXPLANATION THAT WHY THEY HAVE NOT RESPONDED, THE ORDERS OF LEARNED SINGLE JUDGE AND ALSO SPECIFIC POSITIVE DIRECTION IN W.P NO.203366/2017 DATED 17.03.2022 AND TAKE NECESSARY ACTION AGAINST THE SAID RESPONDENT AUTHORITIES AS PER LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:2292-DB CCC No. 200133 of 2023 CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) This contempt petition is filed alleging willful disobedience of the order dated 17.03.2022 passed in W.P.No.203366/2017 (LB-RES) by the learned Single Judge of this Court. The operative portion of the said order reads as under: “6. The petitioners are at liberty to file one more application raising their grievance in respect of the lands over which the road is said to have been formed. If such application is filed, the concerned authority shall consider the application and to decide the matter in accordance with law within a period of three months from the date of receipt of application. 7. It is made clear that this court has not given any finding relating to the formation of road which is said to have been formed in the lands of the petitioners. 8. If the road is formed in the lands of the petitioners, then the concerned authorities shall initiate appropriate action to determine the compensation payable in accordance with law.” - 4 - NC: 2025:KHC-K:2292-DB CCC No. 200133 of 2023 2. Learned Government Advocate appearing for the respondent Nos.1 to 4, has filed a memo along with the documents. The memo reads as under; “Memo for production of documents That, as per the direction the respondent No.6 has requested to the CEO Zilla Panchayat, Bidar dated 10.12.2024 for getting the funds to be released in favour of the petitioners and the Chief Executive Officer Zilla Panchayat Bidar has sent the request letter to the Addl. Chief Secretary RDPR, Bangalore seeking permission to release funds to be given to the petitioners dated 12.12.2024. It is prayed that the above two documents may kindly be taken on record by this Hon’ble Court, in the interest of justice.” 3. In view of the aforesaid memo, the present contempt proceeding is dropped with a liberty to the petitioner to file fresh contempt petition, if the authority fails to adhere to the stand taken in the memo and failed to make payment within reasonable time. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MSR List No.: 1 Sl No.: 11 CT: PS