- 1 - NC: 2025:KHC:3954-DB CCC No. 230 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.230 OF 2023 BETWEEN: 1. SRI A. M. MAHADEVAPPA S/O. LATE MADAPPA AGED ABOUT 66 YEARS 2. SRI A. M. MALLU S/O. LATE MADAPPA AGED ABOUT 57 YEARS BOTH ARE R/AT ALURU VILLAGE CHANDKVADI HOBLI CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR - 571 313. …COMPLAINANTS (BY SMT. BRINDA, ADVOCATE FOR SRI MAHESH M. ADVOCATE) AND: 1. STATE OF KARNATAKA THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE M. S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. MR. GIRISH BADDAVADE ASSISTANT COMMISSIONER CHAMARAJNAGAR DISTRICT CHAMARAJNAGAR - 571 313. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3954-DB CCC No. 230 of 2023 3. MR. PREM KUMAR THE EXECUTIVE OFFICER TALUK PANCHAYATH OFFICE CHAMARAJNAGAR - 571 313 4. SMT. SEEMA THE PANCHAYATH DEVELOPMENT OFFICER ALUR VILLAGE, CHANDAKVADI HOBLI CHAMARAJANAGAR TALUK CHAMARAJANAGAR - 571 313 …ACCUSED (BY SMT. NAMITHA MAHESH, A.G.A., FOR A-1; SRI K. RAVISHANKAR, ADVOCATE FOR A-4; A-2 AND A-3 ARE SERVED AND UNREPRESENTED) THIS CIVIL CONTEMPT PETITION IS FILED UNDER ARTICLE 215 OF CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN HE PRAYS TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NOS.2 TO 4 AND PUNISH THEM IN ACCORDANCE WITH LAW FOR WILLFUL DISOBEDIENCE OF THE DIRECTION ISSUED BY THIS HON'BLE COURT IN W.P. NO.1999/2018 DATED 25.2.2022 MARKED AS ANNEXURE-A AND TO PAY COMPENSATION FOR THE CONSTRUCTION OF THE DEMOLISHED PROPERTY. THIS CIVIL CONTEMPT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceedings has been initiated by the complainant against the accused for dis-obedience of the order dated 25.02.2022 passed by learned Single Judge in - 3 - NC: 2025:KHC:3954-DB CCC No. 230 of 2023 W.P.No.1999/2018(LB-RES), wherein the learned Single Judge held that the petitioners are entitled for re-registering of khata in respect of property in question to an extent of 10.00 ankanas of land. However, since the said order has not been complied, the present contempt is filed. 2. Learned Addl. Government Advocate Smt. Namitha Mahesh, for respondent No.1-State, who is present before the files the compliance affidavit dated 03.08.2024 and at para 3, it is stated that after verification of the records pertaining to the encroachments and actual holdings, the then Executive Officer of the Panchayath had passed an order dated 28.10.2010 and accordingly, steps to register the khatha have been taken and that the extent of land that has been described in the scheduled to the sale deed in which the complainant had acquired the property has been considered, measured and accordingly, the khatha of the property owned by the complainant has been registered in the revenue records of the panchayath, copy of which is marked as Annexure-R2. 3. The Hon'ble Supreme Court in the case of S. TIRUPATHI RAO V. M. LINGAMAIAH & Ors. reported in 2024 SCC Online 1764 at paragraph 52 has made an observation - 4 - NC: 2025:KHC:3954-DB CCC No. 230 of 2023 specifically stating that, it would be correct to state that the court's power when dealing with the question of contempt, in a sense, is discretionary. It cannot be gainsaid that even in cases where disobedience of the order of the court is not disputed, the court may also accept a defence, if raised, of impossibility to comply with an order and come to the conclusion that since it is impossible to enforce its order, action to punish may not be initiated. 4. Accordingly, in view of the submissions made and in view of the judgment rendered by Hon'ble Supreme Court as above, the contempt proceedings does not survive for consideration and the contempt proceedings are hereby dropped. Liberty is granted to the complainant to pursue, if there is no absolute compliance by the State/Authorities. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 2 Sl No.: 4