- 1 - HC-KAR NC: 2025:KHC-K:3697-DB CCC No. 200194 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE Mrs JUSTICE K S HEMALEKHA CIVIL CONTEMPT PETITION NO. 200194 OF 2024 BETWEEN: GURUSANGAYYA S/O. MADIWALAYYA PURANIKMATH AGE 78 YEARS, OCC: AGRICULTURE R/O. AFZALPUR, TQ.AFZALPUR, DIST. KALABURAGI-585102. …COMPLAINANT (BY SRI. J.R.BIRADAR & SRI.G.G.CHAGASHETTI, ADVOCATE) AND: 1. MS FOUZIA TARANUM DEPUTY COMMISSIONER KALABURAGI DIST. KALABURAGI-585102. 2. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF LAND REVENUE M S BUILDING, BANGALORE-560001. …ACCUSED 3. THE EXECUTIVE ENGINEER PWD, KALABURAGI DIVISION KALABURAGI-585102. …PROFORMA PARTY (BY SRI.SHIVAKUMAR TENGLI-AGA FOR R1 TO R3) Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3697-DB CCC No. 200194 of 2024 THIS CCC IS FILED U/SEC. 10, 11 AND 12 OF THE CONTEMPT OF COURT ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE RESPONDENT/ACCUSED AND TO PUNISH HIM IN ACCORDANCE WITH LAW FOR HAVING DISOBEYED THE ORDER OF THE LEARNED SINGLE JUDGE DATED 5.1.2024 IN WP NO.200800/2023 (GM-RES). THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS JUSTICE K S HEMALEKHA ORAL ORDER (PER: HON'BLE MRS JUSTICE K S HEMALEKHA) The present contempt petition has been filed seeking initiation of contempt proceedings against the respondents for willful disobedience of order dated 05.01.2024 in W.P.No.200800/2023. 2. By the said order, the learned Single Judge disposed of the writ petition with a direction to the Deputy Commissioner to consider the representations submitted by the petitioner in accordance with law, within a period of two months from the date of receipt of the certified copy of the order. - 3 - HC-KAR NC: 2025:KHC-K:3697-DB CCC No. 200194 of 2024 3. The accused/respondent No.3 - Sri Subhash L. Shikshankar, the Chief Executive Engineer, PWD Division, Kalaburagi, is present before the Court and has filed an undertaking affidavit stating that the entire process of acquisition and for issuing of gazette notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (new Act) will be completed within a period of one year from today. 4. The relevant para Nos.2 and 3 of the undertaking affidavit culled out as under: “02. I state that, the Land Acquisition proceedings were already under process after the proposal was sent to the Deputy Commissioner, Kalaburagi on 04.06.2025 and the same was forwarded to the Assistant Commissioner/Land Acquisition officer for initiating acquisition proceedings. In continuation of the acquisition stages, the Land Acquisition officer has to submit the approximate market value as initial deposit which is required for issuing the gazette notification under section 11(1) of new Land Acquisition Act. Accordingly, the Land - 4 - HC-KAR NC: 2025:KHC-K:3697-DB CCC No. 200194 of 2024 Acquisition Officer/Assistant Commissioner has issued addressed a letter to the office of the Executive Engineer, PWD Division, Kalaburagi on 03.07.2025 after ascertaining the market value of the subject land on the basis of the guideline value it was assessed at Rs.38,18,800/- and after receipt of the said letter I have addressed a letter to the office of the Superintendent of Engineer, PWD Circle, Kalaburagi for releasing the said amount of Rs.38,18,800/- and the copy of the said letter is marked to the Chief Engineer, PWD Division, Kalaburagi, office of the Deputy Commissioner, Kalaburagi and office of the Assistant Commissioner, Kalaburagi on 07.07.2025. The copy of the letter dated 03.07.2025 and 07.07.2025 are herewith produced and marked as ANNEXURE R.1 & R.2. 3. I state that, has submitted by the land Acquisition Officer/Assistant Commissioner in the Court on 04.07.2025 some stages of acquisition proceedings will be skipped looking to the urgency and seriousness of the above case and immediately after depositing the above said some 11 (1) notification will be published and after completion of the mandatory period of 60 days after 11 (1) notification the next step of 19(1) notification the declaration will be issued. Hence, in all to complete the entire acquisition proceedings and passed the award and to make the payment it will be - 5 - HC-KAR NC: 2025:KHC-K:3697-DB CCC No. 200194 of 2024 require minimum one year time. After submitting before this Hon’ble Court, the Hon’ble Court directed me to file the undertaking affidavit. Accordingly, I am filing this undertaking affidavit that the entire acquisition proceedings will be completed within one year from today.” (emphasis supplied) 5. As per the undertaking affidavit, the land acquisition proceedings are under process after the Deputy Commissioner forwarded the proposal to the Assistant Commissioner to initiate acquisition proceedings. The market value required as an initial deposit for issuing the gazette notification under Section 11(1) of the new Act has been assessed at Rs.38,18,800/- based on the guideline value. 6. Further, it is stated that the Assistant Commissioner has issued letter to the office of Executive Engineer, PWD (respondent No.3) to arrange for the said deposit. Upon receipt of this letter, the PWD department has initiated steps by addressing letter to the Superintendent Engineer, PWD for releasing the amount. - 6 - HC-KAR NC: 2025:KHC-K:3697-DB CCC No. 200194 of 2024 It is further stated that after depositing the amount, 11(1) notification would be issued followed by the declaration under Section 19(1) of the new Act. It is stated that the entire land acquisition process including passing of the award and payment of compensation, would require a minimum period of one year. 7. The undertaking affidavit filed by the accused/respondent No.3 - Executive Engineer, PWD Division, Kalaburagi is taken on record. 8. Learned counsel appearing for the complainant submits that he is agreeable to the terms of the undertaking affidavit. However, he seeks liberty to revive the contempt proceedings in the event of non-compliance with the undertaking affidavit. 9. The said submission is recorded. 10. In view of the undertaking affidavit filed by the accused/respondent No.3 and the submissions made by the counsel appearing for the complainant accepting the - 7 - HC-KAR NC: 2025:KHC-K:3697-DB CCC No. 200194 of 2024 terms of the undertaking affidavit, along with the fact that the acquisition proceedings is currently underway and specific timelines have been provided, we find that at this stage there is no deliberate or willful disobedience of the order dated 05.01.2024. 11. Accordingly, the contempt proceedings are hereby dropped with liberty reserved to the complainant to seek revival of the proceedings, if need arises, in accordance with law. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (K S HEMALEKHA) JUDGE THM List No.: 1 Sl No.: 3 JLR