SREE RAMA ANJENEYA SEVA SAMITHI (REGD) v. SMT M C NAGARATHNA
CCC/79/2025 · 2025-02-14
M I Arun
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14503 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14503 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6625-DB CCC No. 79 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH 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. 79 OF 2025 (CIVIL)
BETWEEN:
1.
SREE RAMA ANJENEYA SEVA SAMITHI (REGD) SITUATED AT HORAKOTE MALAVALLI TOWN MANDYA DISTRICT - 571 430 REPRESENTED BY ITS SECRETARY SRI BOREGOWDA S/O. BOREGOWDA AGED ABOUT 39 YEARS …COMPLAINANT (BY SRI. R HEMANTH RAJ, ADVOCATE)
AND:
1.
SMT. M C NAGARATHNA CHIEF EXECUTIVE OFFICER AGED ABOUT 55 YEARS MALAVALLI MUNICIPALITY MALAVALLI TOWN MANDYA DISTRCIT - 571 430
2.
THE CHIEF EXECUTIVE OFFICER MALAVALLI MUNICIPALITY MALAVALLI TOWN MANDYA DISTRCIT - 571 430
3.
THE TAHSILDAR MALAVALLI TALUK
Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka
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NC: 2025:KHC:6625-DB CCC No. 79 of 2025
MALAVALLI TOWN MANDYA DISTRCIT - 571 430
4.
THE ASSISTANT COMMISSIONER MANDYA SUB-DIVISION DISTRICT MANDYA - 571 401
5.
THE DEPUTY COMMISSIONER (REVENUE) MANDYA DISTRICT MANDYA - 571 401 ...ACCUSED
6.
STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANASOUDHA BENGALURU - 560 001 BY PRINCIPAL SECRETARY …PRO FORMA RESPONDENT
7.
THE STATION OFFICER MALAVALLI CITY MALAVALLI TOWN MANDYA DISTRCIT - 571 430 …ACCUSED (SRI S.H. RAGHAVENDRA, AGA FOR R1 AND R6 R2 TO R5 AND R7 - VIDE ORDER DATED 10.02.2025 NOTICE DISPENSED WITH)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO TAKE COGNIZANCE OF THE OFFENCE FOR CONTEMPT OF COURT AND BE PLEASED TO PUNISH THE ACCUSED PERSON HEREIN FOR DISOBEDIENCE OF FINAL ORDER/JUDGMENT DATED 13.03.2024 PASSED IN WRIT PETITION NO.28645/2023 PRODUCED VIDE ANNEXURE-A PASSED BY THE PRINCIPLE BENCH OF HONBLE HIGH COURT OF KARNATAKA IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:6625-DB CCC No. 79 of 2025
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)
The operative part of the order dated 13.03.2024 passed by learned Single Judge while disposing of the writ petition reads as under,
"[A] The petition is allowed quashing the impugned Annexures-O dated 21.11.2023 and Q dated 27.11.2023 directing the revenue entry (E-Katha) for the subject temple to continue in the name of the petitioner subject to adjudication on the controversy whether 'Sri Anjaneya Swamy Devasthana' is a Muzrai temple or otherwise and subject to the final conclusion in O.S.No.62/2023 pending on the file of Senior Civil Judge and JMFC, Malavalli.
[B] It is needless to observe that consequent to the
order as aforesaid, the petitioner shall be entitled to continue with the construction and any construction so put up will be subject to the adjudication as aforesaid."
2. Learned advocate for the complainant highlighted the observations made in paragraph 6 of the order of learned Single Judge. He submitted that there is contempt of court on account of non-compliance of the observations.
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NC: 2025:KHC:6625-DB CCC No. 79 of 2025
3. The observations in the body of the order do not constitute contempt. In order to attract the contempt jurisdiction of the court, there must be a positive and specific direction in the operative part of the judgment, which could be enforced in the contempt jurisdiction.
4. A bare reading of the order would indicate that there is no direction in the operative part of the order which could be subjected to contempt or in the body of the order which could be complained of for alleging contempt against the respondents. The contempt petition is not maintainable.
5. The contempt petition having been misconceived in law is dismissed.
Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (M.I.ARUN) JUDGE
CR, List No.: 1 Sl No.: 2