- 1 - NC: 2025:KHC:3107-DB CCC No. 273 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH 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. 273 OF 2023 BETWEEN: GIREESH ACHAR S/O LT. CHANDRA ACHAR AGED 42 YEARS PUNAJI VILLAGE BRAMMEVESHWARA HOSANAGARA POST HOSANGARA TALUK SHIVAMOGGA DISTRICT 577418. …COMPLAINANT (BY SRI. VEERENDRA R PATIL - ADVOCATE) AND: 1. MR. P SUBRAMANYAM IFS DEPUTY DIRECTOR GENERAL OF FOREST (C) MINISTRY OF ENVIRONMENT AND CLIMATE CHANGE FOREST REGIONAL OFFICE (SOURTHERN ZONE) KENDRIYA SADAN 4TH FLOOR, E AND F WINGS 17TH AMIN ROAD, 2ND BLOCK KORAMANGALA BANGALORE 560034. R Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3107-DB CCC No. 273 of 2023 2. VANDITA SHRMA IAS CHIEF SECRETARY OF KARNATAKA STATE VIDHANA SOUDHA BANGALORE 560001. 3. JAWAID AKTHAR IAS ADDL CHIEF SECRETARY TO FOREST ECOLOGY AND ENVIRONMENT ROOM NO 448, GATE NO 2 M S BUILDNG, 4TH FLOOR M S BUILDING BANGALORE 560001. 4. DR. SELVAMANI IAS DEPUTY COMMISSIONER SHIVAMOGGA SHIVAMOGGA DISTRICT 577201. VCO DATED 12.6.2023 ACCUSED NO.5 TO 15 ARE DELETED. 16. PRASANNA KRISHNA PATAGAR IFS DEPUTY CONSERVATOR OF FOREST WILD LIFE SHIVAMOGGA SHIVAMGOGA DIST 577201. 17. RAMAKRISHNAPPA SFS DEPUTY CONSERATOR OF FOREST SAGAR DIVISION SHIVAMOGGA DSIT. 577401. 18. SHIVASHARANAVYA SFS DEPUTY CONSERVATOR OF FOREST REGIONAL SHIVAMOGGA SHIVAMOGGA DISTRICT 577201. - 3 - NC: 2025:KHC:3107-DB CCC No. 273 of 2023 19. SHIVASHANKAR IS DEPUTY CONSERVATOR OF FOREST REGIONAL SHIVAMOGGA SHIVAMOGGA DISTRICT 577201. 20. STATE OF KARNATKA REP. BY ITS PRINCIPAL SECRETARY OF FOREST ECOLOGY AND ENVIRONMENT ROOM NO 447, GATE NO 2 M S BUILDING, 4TH FLOOR BANGALORE 560001. …ACCUSED (BY SMT. NAMITHA MAHESHA B G – AGA FOR STATE RESPONDENTS) THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA AND R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE THE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED HEREIN IN VIEW OF WILLFUL DISOBEDIENCE OF THE ORDERS DATED 15.3.2022 PASSED BY THIS HON’BLE COURT IN WP NO.5532/2022 (GM-FOR-PIL) AND PUNISH THEM. THIS CCC, 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 - 4 - NC: 2025:KHC:3107-DB CCC No. 273 of 2023 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceeding is initiated by the complainant against the respondents/accused for willful disobedience of the order passed by a co-ordinate Bench of this Court in WP No.5532/2022 (GM-FOR-PIL) dated 15.03.2022. 2. In the aforesaid writ petition the co-ordinate Bench had dismissed the writ petition. However, it was observed that the authorities concerned shall take all appropriate steps to complete the mutation proceedings with respect to the forest land of Shivamogga Circle in accordance with law expeditiously. 3. Learned counsel Sri Veerendra R.Patil for the complainant submits that accused Nos.1 to 4, 16 to 19 has not complied with the order passed by this Court in the aforesaid writ petition. Rule 17 of Karnataka Forest Rules 1969 states that necessary correction to be made in the Revenue records and village map – immediately after publication of notification under Section 17 of the Act. Even though the complainant has given representation to the concerned authorities, but they have failed to make the mutation entry. - 5 - NC: 2025:KHC:3107-DB CCC No. 273 of 2023 4. Learned AGA for the respondent – Accused has taken us through the compliance affidavit of accused No.4 dated 16.06.2023 made by Sri Selvamani, being the Deputy Commissioner, Shimoga District, Shimoga. It is stated in the affidavit that Shimoga Circle is divided into two sub-divisions viz. i) Shimoga sub division and ii) Sagara sub division and information has been collected from both the sub divisions. It is stated that in respect of Shimoga sub division, there are totally 420 cases registered for entering of mutation from revenue to forest land, 210 matters have been decided to an extent of 68,716 acres 02 guntas, in respect of 205 cases, endorsements have been issued to an extent of 20,130 acres 05 guntas. The details of the same is produced as per Annexure-R1. It is also stated that in respect of Sagara sub division, there are totally 1208 cases registered for entering of mutation from revenue to forest land, 731 matters have been decided to an extent of 2,48,949 acres 35 guntas, in respect of 477 cases, endorsements have been issued to an extent of 41,021 acres 23 guntas. The details of the same is produced as per Annexure-R2. It is also stated that the extent of mutation which is to be effect as forest land is a vast extent - 6 - NC: 2025:KHC:3107-DB CCC No. 273 of 2023 and it is continuous exercise and is on going process wherein notices were issued to unauthorized occupants, hearing is provided and based on the decision, mutations have been effected. Learned AGA submits to accept the affidavit filed on behalf of accused No.4. 5. Learned AGA has also filed compliance affidavit of accused No.16 along with Annexures R1 and R2. Sri Prasanna Krishna Patgar working as Deputy Conservator of Forests, Shivamogga, Wild Life Division, Shivamogga, now at Bengaluru has filed this affidavit. It is stated in the affidavit that in respect of Shivamogga Wildlife Division, a total extent of 1,31,794 acres and 35 guntas of forest land has been mutated as forest land out of total extent of 1,60,114 acres and 4 guntas. The said 1,31,794 acres and 4 guntas was mutated prior to 15.03.2022. After the order passed by this Court, the Karnataka Forest Department has made a request to the Revenue Department to mutate an extent of 28,609 acres 08 guntas as forest lands. Out of the same, an extent of 6,671 acres and 20 guntas of land has been mutated as forest land pursuant to order dated 15.03.2022 in W.P.No.5532/2022. Further, it is submitted that as on 21.07.2023 an extent of - 7 - NC: 2025:KHC:3107-DB CCC No. 273 of 2023 1,38,557 acres and 23 guntas out of 1,60,114 acres and 04 guntas have been mutated up. A total extent of 86.53% out of the total forest area has been mutated as forest land. The details of the same is produced as Annexure-R1. It is further submitted that Forest Department has filed appeals in respect of cancellation of illegal grants made in the forest area in Shivamogga Wildlife Division. There are totally 149 appeals filed in respect of Shivamoga Wild Life Division which involves an extent of 5418 acres and 9 guntas. The appeal numbers have been issued to the said appeals filed in Shivamogga Wild Life Division. The extract of the same is produced as per Annexure-R2. 6. Learned AGA has filed compliance affidavit dated 26.07.2023 of accused No.17 namely Sri Santosh Kumar Kenchappanavar, S/o Maheshappa working as Deputy Conservator of Forests, Sagar Division, Sagar from 26.03.2023. It is stated that in respect of Sagar Division a total extent of 2,75,467 acres and 5 guntas of forest land has been mutated as forest land out of total extent of 3,52,708 acres and 16 guntas. The said 2,75,467 acres and 5 guntas was mutated prior to 15.03.2022. After the order passed by this Court, the - 8 - NC: 2025:KHC:3107-DB CCC No. 273 of 2023 Karnataka Forest Department has made a request to the Revenue Department to mutate an extent of 77,241 acres and 11 guntas as forest lands. Out of the same, an extent of 33,609 acres and 16 guntas of land has been mutated as forest land. It is also stated that as on 21.07.2023 an extent of 3,09,076 acres and 21 guntas out of 3,52,708 acres 16 guntas have been mutated. A total extent of 87.63% out of the total forest area has been mutated. The details is produced as Annexure- R1. It is also stated that Forest Department has filed appeals in respect of cacncellation of illegal grants made in the forest area in Sagar Division. There are totally 4672 appeals filed in respect of Sagar Division which involves an extent of 10,038 acres and 33 guntas. 192 appeal numbers have been issued to the said appeals filed in Sagar Division. The said details is marked as Annexure-R2. 7. Learned AGA has filed compliance affidavit dated 21.07.2023 of accused No.18 namely Sri Ashish Reddy M.V., S/o M.Prabhakar Reddy working as Deputy Conservator of Forests, Bhadravathi Division, Bhadravathi. It is stated that as on 21.07.2023 an extent of 1,69,132 acres and 09 guntas out of 2,26,672 acres and 11 guntas have been mutated. A total - 9 - NC: 2025:KHC:3107-DB CCC No. 273 of 2023 extent of 74.62%, out of the total forest area has been mutated as forest land. The details of the same is produced as Annexure-R1. It is further stated that in respect of cancellation of illegal grants made in the forest area in Bhadravathi Division there are totally appeals filed in Bhadravathi Division which involves an extent of 4,168 acres and 14 guntas. The appeal numbers have been issued in some of the appeals b the revenue department. The details of the same is produced as Annexure-R2. 8. Learned AGA has produced compliance affidavit dated 26.07.2023 of accused No.19 of Sri Shivashankar E working as Deputy Conservator of Forests, Shivamogga Division, Shivamogga. It is stated that in respect of Shivamogga Division, a total extent of 1,29,208 acres and 31 guntas of forest land has been mutated as forest land out of total extent of 1,56,272 acres and 19 guntas. The Forest Department has made a request to the Revenue Department to mutate an extent of 27,063 acres and 28 guntas of forest lands. Out of the same, an extent of 7,567 acres and 13 guntas of land has been mutated as forest land pursuant to the order passed by this Court. It is istated that as on 21.07.2023 an extent of - 10 - NC: 2025:KHC:3107-DB CCC No. 273 of 2023 1,36,776 acres and 14 guntas out of 1,56,272 acres and 19 guntas have been mutated. A total extent of 87.52% out of the forest area has been mutated as forest land. The details of the same is produced as Annexure-R1. It is also stated that Forest Department has filed appeals in respect of cancellation of illegal grants made in the forest area in Shivamogga division. There are totally 151 appeals filed in respect of Shivamogga division which involves an extent of 1560 acres and 36 guntas. The appeal numbers have ben granted to the said appeals filed in Shivamogga Division. The extract of details of appeals is produced herewith as Annexure-R2. Learned AGA submits that the compliance affidavits may be taken on record and considering the same, the contempt proceedings against respondents/accused may be dropped. 9. Keeping in view the submission made by learned counsel for the parties and the compliance affidavits submitted on behalf of the respondents/accused, it is relevant to refer to the decision of the Hon’ble Supreme Court in S.Tirupati Rao vs. Lingamaiah reported in 2024 SCC OnLine SC 1764 wherein it is observed as under: - 11 - NC: 2025:KHC:3107-DB CCC No. 273 of 2023 52. Therefore, 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. That apart, refusal may be justified by grave concerns of public policy. Much would depend on the facts and circumstances of the case, the nature of the contempt under enquiry, etc., which would enable the court to exercise its discretion either way. However, to demonstrate his bona fide, the contemnor ought to bring any valid defence for his disability to comply with the court’s direction to its notice without wasting any time. Whatever be the position before it, nothing stands in the way of the high court from passing an order to ensure that nothing impedes the course of justice. 10. Keeping in view the observation made by the Hon’ble Supreme Court in the aforesaid decision and the extensive compliance affidavits filed by the respondent / accused, it is deemed appropriate to state that this contempt petition does not survive for consideration and the same is liable to be dropped. Accordingly, it is dropped. 11. Counsel for the complainant has filed I.A.1/2024 under Section 151 of CPC to direct respondent No.4, 16 to 19 to comply with the order passed by this Court in - 12 - NC: 2025:KHC:3107-DB CCC No. 273 of 2023 W.P.No.5532/2022 (GM-FOR-PIL) to complete the mutation total measuring 10377 acres which are in the name of KPCL. Since the contempt proceedings has been dropped, I.A.1/2024 does not survive for consideration keeping in view the third limb of Section 151 of CPC i.e. securing ends of justice which is applicable to both the parties to the proceedings. Accordingly, made an observation. However, liberty sought for by the complainant is granted, in accordance with law. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE DKB