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2025 DAILYLAW 19590 (KAR)

SRI SHANTHAKUMAR D S v. SRI GURUBASAVARAJ K M

CCC/295/2024 · 2025-01-22

M I Arun

body2025

Judgment text

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- 1 - NC: 2025:KHC:2621-DB CCC No. 295 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CCC NO. 295 OF 2024 (CIVIL) BETWEEN: 1. SRI SHANTHAKUMAR D.S. S/O SURAPPA D. AGED ABOUT 48 YEARS AGRICULTURIST R/O THIMMALAPURA VILLAGE RAJANAHALLI POSTS HARIHARA TALUK DAVANAGERE DISTRICT-577 601. …COMPLAINANT (BY SRI. SYED HUSSAIN, ADVOCATE FOR SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND: 1. SRI. GURUBASAVARAJ K M CHAIRMAN, THE LAND GRANT COMMITTEE FOR GRANT OF LANDS TO UNAUTHORIZED OCCUPANTS OF GOVERNMENT LANDS, HARIHARA DAVANAGERE DISTRICT-577 601. …ACCUSED Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2621-DB CCC No. 295 of 2024 2. STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT M.S.BUILDING, BANGALORE-560 001. ... PROFORMA RESPONDENT (BY SMT. PRAMODHINI KISHAN, AGA) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO TAKE NECESSARY ACTION AGAINST THE ACCUSED/RESPONDENT IN ACCORDANCE WITH LAW, SINCE HE HAS FAILED TO OBEY AND IMPLEMENT THE ORDER DATED 10.03.2023 PASSED IN W.P.NO.2035/2023 (KLR-REG) VIDE ANNEXURE-A PASSED BY THIS HON'BLE COURT FOR CONTEMPT OF COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS MADE DELIVERED AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:2621-DB CCC No. 295 of 2024 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The only direction of learned Single Judge in the order dated 10.03.2023 was to require respondent No.4 to consider Form No.53 filed by the petitioner and pass necessary orders within the stipulated time. 2. Figures on record the compliance affidavit dated 21.03.2024 in which, it was stated by the deponent Member Secretary of Land Grant Committee that the application of the complainant was scrutinized. 3. The further averments read as under, "On careful consideration of the application filed by the Complainant, it is noticed that as per the Government Circular No.RD 4/LGP 99 dated 10.02.1999 as per Section 94(B), the application in Form No.53 shall be filed on or before 30.04.1999. The application filed beyond 30.04.1999 cannot be considered for regularization of the unauthorized occupation. Since the Complainants have filed Form No.53 on 10.08.2007, the request of the Complainants to mutate the names of the Complainants in RTC in respect of Sy.No.1/2 of Thimlapura Village, Kasaba Hobli, Harihara Taluk. Accordingly, I have issued an endorsement to the Complainants." - 4 - NC: 2025:KHC:2621-DB CCC No. 295 of 2024 3.1 It was further stated that the copy of the compliance affidavit is served to learned advocate for the complainant which also includes the copy of the endorsement/order. 4. In the above view, nothing survives in the present contempt proceedings as the directions of learned Single Judge are complied with. 5. Accordingly, the contempt petition is disposed of as not surviving. If the complainant has any grievance about the merits of the endorsement, it is open for him to institute separate independent proceedings in accordance with law, in respect of the merit, of which, however this Court does not express any opinion. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 2