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2025 DAILYLAW 25131 (KAR)

SHANKAR KITTUR v. THE TAHSILDAR

CCC/602/2022 · 2025-06-03

K S Mudagal, Vijaykumar A Patil

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:18642-DB CCC No.602/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO.602/2022 BETWEEN: SHANKAR KITTUR AGED ABOUT 29 YEARS S/O NIRMALA KITTUR UNEMPLOYED NO.196/11, GOKUL HUBBALLI 580030 ADDRESS FOR SERVICE HOTEL VARDHAMAN PARADISE MAIN ROAD, COTTONPET BENGALURU-560 053 MOBILE NO 8088653009 EMAIL ID shankarkittur45@gmail.com …COMPLAINANT (BY SRI. SHANKAR KITTUR, COMPLAINANT [PARTY-IN-PERSON]) AND: 1. THE TAHSILDAR HUBBALLI TAHSILDAR OFFICE HUBBALLI, LAMINGTON ROAD HUBBALLI 580020. 2. ADDITIONAL GOVERNMENT ADVOCATE (AGA) ADVOCATE GENERAL OFFICE HIGH COURT OF KARNATAKA Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18642-DB CCC No.602/2022 BENGALURU 560001. 3. STATE OF KARNATAKA CHIEF SECRETARY, SECRETARIAT VIDHANA SOUDHA BENGALURU-560001. …ACCUSED (BY SMT. MAMATHA SHETTY, AGA) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE PROSECUTION/CONTEMPT PROCEEDINGS AGAINST ERRING RESPONDENTS FOR NON-COMPLIANCE OF THE ORDER AND DIRECTIONS DATED 08.12.2021 (ANNEXURE-A) AND 03.01.2022 (ANNEXURE-B) PASSED IN WP NO. 15519/2021 AND SENTENCE THEM FOR IMPRISONMENT BY IMPOSING FINE. DIRECT THE RESPONDENTS I.E. AGA AND TAHSILDAR HUBLI TO MAKE THE CORRECTION IN THE LEGAL HEIR-SHIP CERTIFICATE NO.RD501930506732 DATED 21.01.2022 BY EXCLUDING THE PERSON NAMED MS. KANCHANA KITTUR AND ALSO AMENDING THE PETITIONER'S NAME IN THE CERTIFICATE AS SHANKAR S/O NIRMALA KITTUR OR JUST SHANKAR KITTUR WITHIN STIPULATED TIME LIMIT & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Heard the complainant/party-in-person and Smt.Mamatha Shetty, learned AGA. - 3 - HC-KAR NC: 2025:KHC:18642-DB CCC No.602/2022 2. This complaint/petition is filed to deal with the respondents for willful disobedience of the interim orders dated 08.12.2021 and 03.01.2022 passed by the learned Single Judge in WP.No.15519/2021. 3. Though the complainant has not produced the copy of the writ petition, the registry has placed the final order dated 04.02.2022 in WP.No.15519/2021 (KLR-RES) and the final order dated 10.06.2022 in WA.No.351/2022 (KLR-RES). The said orders show that the complainant filed WP.No.15519/2021 seeking directions to the respondents to issue him Legal Heirship Certificate/Surviving Family Member Certificate. On 08.12.2021, this Court directed the Government Advocate to secure the information from respondent No.1 Tahsildar, Hubbali, the file relating to the grant of legal heir's certificate to the petitioner herein. 4. On 03.01.2022, the learned Single Judge by way of interim order required the Tahsildar to issue Legal Heirship Certificate/Surviving Family Member Certificate including the name of any other survivor of the complainant's mother Smt.Nirmala Kittur. The judgment in WP.No.15519/2021 shows - 4 - HC-KAR NC: 2025:KHC:18642-DB CCC No.602/2022 that the said petition was disposed of on the ground that the respondents have issued Legal Heirship Certificate/Surviving Family Member Certificate dated 21.01.2022. 5. The appellant challenged the said order before the Division Bench of this Court in WA.No.351/2022. The Division Bench on hearing the complainant dismissed the writ appeal. The records reveal that the complainant had unsuccessfully filed review petition before the learned Single Judge. The interim orders of the learned Single Judge have merged in the final order of the learned Single Judge and the Division Bench. Moreover the said orders are complied. 6. According to the complainant, the Legal Heirship Certificate/Surviving Family Member Certificate issued by the respondents is illegal one. Even that is addressed by the Division Bench in the writ appeal reserving liberty to him to challenge the said certificate dated 21.01.2022. The order passed in the main petition is complied and the said order has attained finality. It cannot be said that the respondents have committed contempt. Therefore, the complaint is dropped. - 5 - HC-KAR NC: 2025:KHC:18642-DB CCC No.602/2022 7. Despite closing the complaint, the complainant goes on saying that Court should have directed the respondents to file affidavit, Court should not have closed the case and Court is protecting the respondents and causing him hardship. Such submissions are nothing but imputing bias to this Court which is scandalous and all his submissions are recorded in the live streaming. Such conduct of the complainant calls for a criminal action against him. Registrar (Judicial) shall place the matter before Hon'ble the Acting Chief Justice for initiation of the contempt against the complainant. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 6