SRI. G. RAMANARAYANA JOSHI v. MR. S. R. UMASHANKAR
CCC/601/2022 · 2025-01-15
K Somashekar, Venkatesh Naik T
Contempt Petitionbody2025
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[ 2025 DAILYLAW 25098 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25098 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1327-DB CCC No. 601 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH 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. 601 OF 2022 BETWEEN:
SRI. G. RAMANARAYANA JOSHI S/O. D. V. GAJENDRA PRASANNA JOSHI AGED ABOUT 62 YEARS R/O. GANESH KRUPA, BENAKA ESTATE HORANADU-577 181, MUDIGERE TALUK CHICKMAGALURU DISTRICT. …COMPLAINANT (BY SRI. VINAY - ADVOCATE) AND:
1.
MR. S. R. UMASHANKAR SECRETARY REVENUE DEPARTMENT M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE-560 001.
2.
MR. RAMESH THE DEPUTY COMMISSIONER CHICKMAGALUR DISTRICT CHICKMAGALUR-577 181.
3.
MR. NAGARAJ THE ASSISTANT COMMISSIONER CHICKMAGALURU SUB-DIVISION CHICKMAGALURU-577 181.
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
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NC: 2025:KHC:1327-DB CCC No. 601 of 2022
4.
MR. NANDAKUMAR THE TAHSILDAR MUDIGERE TALUK MUDIGERE CHICKMAGALUR DISTRICT-577 181.
5.
MR. SHINABHOVI RANGE FOREST OFFICER KALASA DIVISION KALASA-577 181.
6.
MR. LINGARAJU THE CHIEF CONSERVATOR OF FOREST ARANAYA BHAVAN MALLESHWARAM BANGALORE-560 003.
7.
STATE OF KARNATAKA DEPARTMENT OF REVENUE VIKASA SOUDHA AMBEDKAR VEEHI BENGALURU – 560001.
8.
MR. KAPIL MOHAN ADDITIONAL CHIEF SECRETARY REVENUE DEPARTMENT M S BUILDING, DR. AMBEDKAR VEEDHI BENGALURU – 560 001.
(CAUSE TITLE AMENDED VIDE COURT ORDER DATED 27.10.2022 ON I.A.2/22) …ACCUSED (BY SMT. NAMITHA MAHESH B G – AGA FOR ACCUSED NO.7;
ACCUSED NOS.1 TO 6 ARE SERVED AND UNREPRESENTED)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R.W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THE ACCUSED FOR WILLFUL DISOBEDIENCE OF THE ORDER DATED 13.09.2017 PASSED BY THIS HON’BLE COURT IN WP NO.46003/2013.
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NC: 2025:KHC:1327-DB CCC No. 601 of 2022
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
ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This contempt petition is filed by the complainant against the respondents / authority in view of non-compliance of the order passed by a learned Single Judge of this Court in W.P.No.46003/2013 dated 13.09.2017 vide Annexure-“A”. 2. By the said order, the learned Single Judge while allowing the petition, had directed the respondents to withdraw the land of the petitioner transferred as land bank with the forest department, and to restore the same to the petitioner, so as to enable him to exercise all rights as provided under sub-rule (2) of Rule 119 of the Rules, within 30 days from the date of receipt of a copy of the said order. - 4 -
NC: 2025:KHC:1327-DB CCC No. 601 of 2022
3. Heard the learned counsel Shri Vinay appearing for the learned counsel Shri Manmohan P.N. for the complainant as well as the learned AGA for Respondent No.7 / State. 4. Learned counsel Shri Vinay submits that the order dated 13.09.2017 rendered by the learned Single Judge has only been partially complied with. This submission of the learned counsel for the complainant is taken on record. 5. Whereas the learned AGA seeks for consideration of compliance affidavit dated 10.11.2022 filed by Accused No.4 being the Tahsildar, Kalasa Taluk, Kalasa, Chickmagalur District. The said compliance affidavit reveals that as against the order dated 13.09.2017 passed by the learned Single Judge in W.P.No.46003/2013, the State had preferred a writ appeal in W.A.No.2319/2018, which came to be dismissed by order dated 17.07.2019 directing the State to comply with the directions issued by the learned Single Judge. Further, as against the order
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NC: 2025:KHC:1327-DB CCC No. 601 of 2022
passed by the Division Bench, the State preferred a Special Leave to Appeal in SLP No.23651/2019 before the Hon’ble Supreme Court, which as well came to be dismissed by order dated 17.05.2022, thereby confirming the order of learned Single Judge. 6. It is stated in the affidavit that in compliance of the orders of this Court as well as the Hon’ble Supreme Court, the revenue entries have been mutated in the name of the complainant / Ramnarayana Joshi, which is produced and marked as Annexure-“R1”.
Further, it is stated that the revenue entries have been mutated in the name of the complainant, by orders dated 08.11.2022 and
09.11.2022. Hence, it is submitted that the order of the learned Single Judge in W.P.No.46003/2013 dated 13.09.2017 has been complied with, though there is some delay. Hence, the learned AGA prays to drop the proceedings as against the respondents. 7. Therefore, keeping in view the submission of the learned AGA and in view of the respondents having
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NC: 2025:KHC:1327-DB CCC No. 601 of 2022
complied with the order of the learned Single Judge, the present contempt proceedings do not survive for
consideration. In view of the same, the contempt petition is hereby dropped.
SD/- (K.SOMASHEKAR) JUDGE
SD/- (VENKATESH NAIK T) JUDGE
KS