Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17714-DB CCC No. 489 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF APRIL, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
CCC NO. 489 OF 2025 (CIVIL)
BETWEEN:
1.
SRI K.K. JAYARAJ S/O LATE KRISHNE GOWDA, AGED ABOUT 69 YEARS RESIDENT OF KERODI VILLAGE YESALURU HOBLI, SAKALESHPUR TALUK, HASSAN DISTRICT - 573 137 …COMPLAINANT (BY SRI H.M. GIRISHA, ADVOCATE) AND:
1.
DR. MANJUNATH V., THE SPL. LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT D.C. OFFICE BUILDING HASANA DISTRICT HASANA - 573 201
2.
SMT. SATHYABHAMA C., THE DEPUTY COMMISSIONER HASANA DISTRICT, HASANA - 573 201
Digitally signed by CHAITHRA Location: High Court of Karnataka
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NC: 2025:KHC:17714-DB CCC No. 489 of 2025
3.
DR. M.K. SHRUTHI THE ASSISTANT COMMISSIONER SAKALESHPURA SUB-DIVISION SAKALESHPURA, HASANA DISTRICT - 573 134
4.
SMT. MEGHANA G., THE TAHSILDAR SAKALESHPURA TALUK, HASANA DISTRICT - 573 134 …ACCUSED
5.
STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, M.S. BUILDING BENGALURU - 560 001 ...PROFORMA RESPONDNET (BY SMT. PRAMODHINI KISHAN, AGA)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO TAKE COGNIZANCE OF THE ABOVE COMPLAINT AGAINST THE ACCUSED PERSONS FOR THE DISOBEDIENCE AND NON-COMPLIANCE OF THE ORDERS DATED 28.03.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN W.P.NO. 24003/2023 (KLR-PG) PRODUCED AT ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMETN WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:17714-DB CCC No. 489 of 2025
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JDUGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
The operative order dated 28.03.2024 passed by learned Single Judge while allowing the petition in part reads as under,
"(ii) The impugned order dated 10.06.2023 in case No.L.N.D/HRP(1)(D):71/2009-10 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, at Annexure 'A', is hereby quashed and set aside. (iii) The matter stands remanded back to the SLAO to have the value of the standing trees in the granted land assessed at the hands of the competent authority. Thereafter information shall be provided to the petitioner in terms of Rule 11 of the Rules, 1969, if the value is to be paid by the petitioner. (iv) On the other hand, if the valuation of the standing trees is more than Rs.5,000/-, as provided in sub-rule (3) of Rule 11 of the Rules, 1969, then the SLAO shall have the trees removed in terms of the provisions contained in sub-rule (3) of Rule 11 of the Rules, 1969.
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NC: 2025:KHC:17714-DB CCC No. 489 of 2025
(v) At any rate, the SLAO shall keep the petitioner informed of his decision having regard to the provisions contained in sub-rule (2) and sub-rule (3) of Rule 11 of the Rules, 1969. (vi) Consequent to the restoration of the grant in favour of the petitioner, the revenue entries shall also be restored in the RTC."
2. While the aforesaid directions are brought under contempt jurisdiction for their alleged non-compliance, it could be immediately seen that no time limit is set by learned Single Judge for the compliance. In the circumstances it is not possible to conclude, at this stage that any of the respondents have committed contempt of court, much less a wilful contempt. The contempt petition is not liable to be entertained at this stage.
3. At the same time the directions of the court should not go uncomplied with, learned Additional Government Advocate Smt. Pramodhini Kishan stated that if the court sets time limit, the authorities will comply with the same within such time limit.
4. In the circumstances and facts of the case, the present petition is
disposed of by directing the competent
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NC: 2025:KHC:17714-DB CCC No. 489 of 2025
authority-respondent to comply with the aforementioned directions within eight weeks from today.
5. The contempt petition is accordingly disposed of.
Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (K. V. ARAVIND) JUDGE
CR List No.: 1 Sl No.: 6