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2025 DAILYLAW 13179 (KAR)

SRI BHAGAVAN L v. THE STATE OF KARNATAKA

CCC/36/2025 · 2025-02-04

M I Arun

body2025

Judgment text

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- 1 - NC: 2025:KHC:4934-DB CCC No. 36 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CCC NO. 36 OF 2025 (CIVIL) BETWEEN: 1. SRI BHAGAVAN L AGED 75 YEARS S/O LATE LAKKANNAGOWDA R/AT No.117, 2ND MAIN A1 BLOCK, 3RD STAGE VIJAYA NAGAR MYSURU - 570 030 …COMPLAINANT (BY SRI B.S. NAGARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING DR B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 ...PROFORMA RESPONDENT 2. SRI. LAKSHMI KANTHA REDDY THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU - 571 101 3. SMT. NISHARGA PRIYA TAHSILDAR Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:4934-DB CCC No. 36 of 2025 PERIYAPATNA TALUK PERIYAPATNA - 571 107 4. SMT. SUPRIYA BANGAR THE SPECIAL LAND ACQUSITION OFFICER KABINI RESEVOIR PROJECT MUDA-COMPLEX NEAR ANDOLANA CIRCLE 1ST BLOCK, RAMAKRISHNA NAGAR MYSURU - 570 022 …ACCUSED (BY SRI S.H. RAGHAVENDRA, AGA) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH FOR WILFUL DISOBEDIENCE OF THE ORDER DATED 08.01.2024 PASSED BY THIS HONBLE COURT IN WP NO.630/2024 (LA-RES) AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) As per order dated 08.01.2024 passed by learned Single Judge following directions are issued, extracting paragraph 3 of the order, "The respondent-authorities shall conduct an enquiry as to whether the petitioner is the loser of the land as contended by him and if they - 3 - NC: 2025:KHC:4934-DB CCC No. 36 of 2025 come to the conclusion that he is the lower of the land, then in that event, due compensation shall be paid to him irrespective of the order dated 02.12.2023 vide Annexure-G to the writ petition. The petitioner is directed to appear before respondent No.5 with all the necessary particulars on 12.02.2024, without further notice. Accordingly, the Writ Petition is hereby disposed of." 2. Learned advocate Mr. B.S. Nagaraj for the complainant would submit that the inquiry on the aspect whether the petitioner is a land-loser or not, has not been conducted with and that therefore, the directions are breached. 3. The submission about the breach is not appreciable, since on a bare reading of the directions, it could be seen that learned Single Judge has not prescribed any time limit to conduct the inquiry. In that view it is not possible to take a view or conclude, at this stage, that any of the respondents have committed contempt of court, muchless willful contempt. 4. At the same time, the directions of the Court should not go uncomplied with. Therefore, it is provided that the directions contained in paragraph 3 of the order aforementioned shall be complied with by the respondent-authorities within a period of 12 - 4 - NC: 2025:KHC:4934-DB CCC No. 36 of 2025 weeks failing which, the authorities shall be exposed to the contempt jurisdiction. 5. The present petition is disposed of as not entertained at this stage. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE AHB List No.: 1 Sl No.: 5