- 1 - NC: 2025:KHC-K:1719-DB CCC No. 200173 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO. 200173 OF 2024 BETWEEN: GURUSWAMY S/O LATE RUDRAYYA DEVARNAVADGI AGED ABOUT: 59 YEARS, OCC: AGIRUCULTURE R/O KULEKUMATAGI, TQ ALMEL, DIST: VIJAYAPUR. …COMPLAINANT (BY SRI I.R. BIRADAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF PWD PORT AND INLAND WATER TRANSPORT DEPARTMENT M.S. BUILDING, BENGALURU – 01. 2. SRI RISHI ANANDA CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT REPRESENTED BY ITS ENGINEERING SUB DIVISION VIJAYAPUR DIST: VIJAYAPUR – 586101. 3. SRI G.T. MURALA ASSISTANT EXECUTIVE ENGINEER PANCHAYAT RAJ ENGINEERING SUB DIVISION, SINDGI – 586101. …ACCUSED (BY SRI MALLIKARJUNA BASAREDDY, GA FOR R1; SMT. RATNA N. SHIVAYOGIMATH, ADV. FOR R2 & R3) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1719-DB CCC No. 200173 of 2024 THIS CCC IS FILED U/S. 11 AND 12 OF THE CONTEMPT OF COURT ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND TO PUNISH THEM IN ACCORDANCE WITH LAW FOR HAVING DISOBEYED THE ORDER OF THE SINGLE JUDGE DATED 15.03.2024 PASSED IN W.P NO. 200881/2019 (LA-RES). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 of the learned Single Judge dated 15.03.2024 passed in W.P.No.200881/2019. The operative portion of the order reads as under: “(i) Writ petition is allowed. (ii) Respondent Nos.3 and 4 are directed to consider Annexure-G and pass appropriate order within a period of two months from today and file compliance report to this Court.” - 3 - NC: 2025:KHC-K:1719-DB CCC No. 200173 of 2024 2. The respondents have entered appearance and filed affidavit of one Sri. Chandrashekaragouda S/o. Shivanagouda Police Patil, working as Executive Engineer, Public Works Department, Vijayapura and another affidavit of Sri. Vinay Kumar Patil, Land Acquisition Officer and Assistant Commissioner, Indi, Subdivision Indi, Vijayapura District. The relevant paragraphs No.10 and 12 of the affidavit of Sri. Vinay Kumar Patil, reads as under: “10. It is relevant submit here that, And after publication of preliminary notification u/s.11(1), provided the 60 days time to complete Joint Measurement by the Asst. Director of Land Records along with the requiring/beneficiary Dept. u/s. 12 of the LA Act,. if there is no any objection for joint Survey and during the conducting of JMC. The copy of the same is herewith produced is at ANNEXURE R.8. 12. It is submitted that, if I have not received any objection to JMC process and notification u/s. 11(1) from public and by respective former to our office within stipulated period of 60 days, then the said proposal will be sent to the Principal Secretary to Govt., Department of Revenue for permission to Continue in this Land Acquisition u/s. 15(3) and proposal submitted for issue of the final notification, if the Government was permitted and issued the final notification u/s.15(3) and u/s. 19 (1) of the LA Act then necessary award will be passed the same will be sent to the Deputy Commissioner for its approval as per section 23 and 31 of the LA Act - 4 - NC: 2025:KHC-K:1719-DB CCC No. 200173 of 2024 simultaneously, I will also requested to the beneficiary/requiring Dept. i.e., Executive Engineer, Public Works Department to deposit the 50% or full amount of the approximate award amount. The copy of the same is herewith produced is at ANNEXURE R10. If deposited by beneficiary, process was going on well within stipulated time.” 3. The aforesaid affidavits would indicate that pursuant to the direction of the learned Single Judge, the authorities have conducted survey and found that the land of the complainant has been utilized. Thereafter, they have issued preliminary notification on 13.03.2025 and they are awaiting objections to the said notification. They further undertook in the affidavit that once the time to file objections is over, they would issue final notification and thereafter, pass the award and pay compensation. 4. It is submitted that the beneficiary of the acquisition has already deposited the entire compensation amount before the authority. In view of the categorically statement of the respondents-accused, we are of the - 5 - NC: 2025:KHC-K:1719-DB CCC No. 200173 of 2024 considered view that the order of the learned Single Judge has been complied with substantially. 5. Hence, the present contempt proceeding is dropped with the liberty to the petitioner-complainant to file fresh petition, if the respondents fail to adhere to the undertaking given in their affidavits. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MCR List No.: 1 Sl No.: 9 CT: PS