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2025 DAILYLAW 12104 (KAR)

CHANDARKANT v. SRI. T. BHOOBALAN THE DEPUTY COMMISSIONER AND ORS

CCC/200235/2023 · 2025-03-05

K Natarajan, Vijaykumar A Patil

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC-K:1446-DB CCC No. 200235 of 2023 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 5TH 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.200235 OF 2023 BETWEEN: CHANDRAKANT S/O SIDDAPPA MADAR, AGE: 55 YEARS, OCC: AGRICULTURE, RESIDENT OF ANTARAGANGI OF BRAHAMAN GALLI, TQ. SINDAGI DIST. VIJAYAPURA-586128. …COMPLAINANT (BY SRI. GURUBASAVA NAYAK, ADVOCATE FOR SRI. RAMCHANDRA K, ADVOCATES) AND: 1. SRI. T. BHOOBALAN, THE DEPUTY COMMISSIONER VIJAYAPURA-586101. 2. SRI. ABID GODEGAL, THE ASSISTANT COMMISSIONER INDI, DIST. VIJAYAPURA-586101 3. SRI. PRADEEP THE TAHSILDAR SINDAGI-586128 …ACCUSED Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1446-DB CCC No. 200235 of 2023 4. THE STATE OF KARNATAKA, REPRESENTED BY PRL. SECRETARY DEPARTMENT OF REVENUE VIDHAN SOUDHA, BENGALURU-5600001. …PERFORMA PARTY (BY SRI. MALLIKARJUNA C. BASAREDDY, GA FOR R1 TO R4) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT, PRAYING TO INITIATED CONTEMPT PROCEEDINGS AS AGAINST THE ACCUSED PERSONS IN ACCORDANCE WITH LAW FOR WILLFUL DELIBERATE ORDER OF THIS HON’BLE HIGH COURT IN W.P. NO. 201815/2023 DATED 7.7.2023 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 dated 07.07.2023 passed in W.P.No.201815/2023 by learned Single Judge of this Court. The operative portion of the said order reads as follows: i. “the writ petition is allowed. - 3 - NC: 2025:KHC-K:1446-DB CCC No. 200235 of 2023 ii. A mandamus is issued. Respondent No.3 is directed to consider the representations dated 20.04.2023 and 08.05.2023 at Annexures-E and F respectively within a period of sixty days from the date of receipt of certified copy of this order. iii. It is made clear that this Court has not expressed any opinion on the merits of the matter.” 2. After service of notice, respondents have entered appearance and filed an affidavit reporting compliance of the order of the learned Single Judge. The affidavit of the jurisdictional Tahasildar indicates that the complainant’s application for grant of land as an unauthorized occupant had been rejected before filing of the writ petition. The affidavit also indicates that the complainant’s representation as directed by the learned Single Judge has been considered and communication is sent to the complainant on 27.09.2023 and 29.04.2024, as per Annexure-R2 and R3. The affidavit also refers the proceedings of the committee for unauthorized occupation, wherein the application of the complainant was rejected. - 4 - NC: 2025:KHC-K:1446-DB CCC No. 200235 of 2023 In view of the matter, these proceeds are required to be dropped. 3. Learned counsel for the complainant submits that the rejection order was never communicated to the complainant by the committee nor by the Tahasildar. 4. In view of the said submission, the complainant has been granted liberty to challenge the orders of the authority as well as the committee in accordance with law before the appropriate form. 5. With the above liberty, contempt proceedings are dropped. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE NJ List No.: 1 Sl No.: 7 CT:SI