Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14893-DB CCC No. 399 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND CIVIL CONTEMPT PETITION No. 399 OF 2025 BETWEEN:
1.
MR. SHIVAMADU, S/O LATE CHIKKAMADAIAH, AGED ABOUT 45 YEARS, R/AT UYYAMBALLI VILLAGE AND HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562117. …COMPLAINANT (BY SRI KUMARA K. G., ADVOCATE) AND:
1. HANUMEGOWDA, THE DEPUTY DIRECTOR OF LAND RECORDS, OFFICE OF THE DEPUTY COMMISSIONER, RAMANAGARA 562 159.
2. NANDISHA, THE ASSISTANT DIRECTOR OF LAND RECORDS, KANAKAPURA TALUK OFFICE, RAMANAGARA DISTRICT-562 117.
3.
MANJUNATH. G., AGED ABOUT 47 YEARS, THE TAHASILDAR, KANAKAPURA TALUK, RAMANAGARA DISTRICT 562 117. …ACCUSED
Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14893-DB CCC No. 399 of 2025
4.
STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU - 560 001.
...PROFORMA RESPONDENT
(BY SMT. PRAMODHINI KISHAN, AGA)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT BY THE COMPLAINANT, PRAYING TO SECURE THE ACCUSED IN VIOLATING AND SHOWING DISRESPECT TO THE DIRECTION ISSUED BY THE HON'BLE COURT IN W.P.No.20700/2022 (KLR-RR/SUR) ORDER DATED 19.10.2022 UNDER ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW AND FURTHER DIRECT THE ACCUSED TO COMPLY THE DIRECTION OF THIS HON'BLE COURT IN THE ABOVE WRIT PETITION FORTHWITH.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Along with this contempt petition, also filed is the application whereby the prayer is made to permit the applicants to prosecute the complaint against the respondents. This application which is I.A. No.1/2025 is filed on 02.04.2025.
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NC: 2025:KHC:14893-DB CCC No. 399 of 2025
2. The directions brought under the Contempt of Courts Act are in the order of learned Single Judge dated 19.10.2022 passed while disposing of the Writ Petition No.20700 of 2022.
"2. Learned AGA on request having accepted notice for the respondents resists the writ petition making submission justification of the impugned endorsement stating that the judgments disposing with production of 11E sketch are put in appeal before the Division Bench and further, similar matters are being debated before the Apex Court and therefore, the relief of the kind cannot be granted to the petitioner. Having so contended, he now graciously agrees that in the event, petitioner makes an appropriate representation making available all necessary records including a copy of the compromise decree, the same would be considered by his clients for affecting phodi & durasti work of the land in question; this is fair enough. In the above circumstances, writ petition is disposed off. In the event representation is made, the same shall be processed within an outer limit of eight weeks. All
contentions are kept open."
3. As in above, the directions were passed on 19.10.2022. Section 20 of the Contempt of Courts Act, 1971 reads as under,
"20. Limitation for actions for contempt.— No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."
4. It is the statutorily provided that the contempt proceedings after expiry of period of one year from the date on which the contempt is alleged to be committed. In this case,
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NC: 2025:KHC:14893-DB CCC No. 399 of 2025
the order was passed in October 2022 whereas the contempt petition was filed on 02.04.2025 and the application was also filed under the same relief.
5. The embargo of sub-section (20) of the Contempt of Courts Act, 1971 would operate.
6. The present petition cannot be entertained.
7. Accordingly, dismissed.
Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (K. V. ARAVIND) JUDGE
VBS List No.: 1 Sl No.: 4