Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11871-DB CCC No. 535 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 535 OF 2023 BETWEEN:
S K RAJAN S/O LATE SRI S R KRISHNAN AGED ABOUT 69 YEARS SAMRUDHI NO.98/6, 13TH CROSS IN BETWEEN 4TH AND 5TH MAIN ROAD MALLESWARAM BENGALURU-560003. …COMPLAINANT (BY SRI. SHANMUKHAPPA - ADVOCATE) AND:
1.
SMT. LATHA DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BEERASANDRA GRAM KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-560097.
2.
SHRI TEJESH KUMAR ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA-560097.
3.
SMT ARUNDATHI TAHSILDAR NELAMANGALA TALUK NELAMANGALA.
Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:11871-DB CCC No. 535 of 2023
4.
STATE OF KARNATAKA REP. BY REVENUE DEPARTMENT M S BUILDING BANGALORE-560001 REP. BY ITS SECRETARY. …ACCUSED (BY SRI. HARISHA A S – AGA)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURTS ACT, PRAYING TO SUMMON, PROSECUTE AND PUNISH THE ACCUSED-PERSONS FOR THEIR DELIBERATE AND WILLFUL DISOBEDIENCE OF THE ORDER DATED 12.07.2022 PASSED BY THE DIVISION BENCH OF THIS HON’BLE COURT IN W.A.NO.1184/2021 (KLR-RES) VIDE ANNEXURE-C.
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 proceeding is initiated by the complainant against the respondents/accused for disobedience of the order passed by a Co-ordinate Bench of this Court in W.A.No.1184/2021 (KLR-RES) dated
12.07.2022.
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NC: 2025:KHC:11871-DB CCC No. 535 of 2023
2. Learned AGA for accused in this matter referred to para 16 of the judgment in the writ appeal wherein it is observed that the direction contained in para 9.4 of the
order passed by the learned single Judge is modified. The
order of mutation passed in pursuance of the direction issued by the learned single Judge is set aside. The Assistant Commissioner is directed to decide the issue afresh with regard to mutation of revenue entries in respect of the land in question after affording an opportunity of hearing to the appellant and the petitioner within a period of two months from today. It is made clear that this Court has not expressed any opinion with regard to the claim of the title of the parties in respect of land in question. To the aforesaid extent, the order passed by the learned single Judge is modified.
3. Learned AGA has filed a memo stating that in pursuance of the directions of the Co-ordinate Bench in the writ appeal, the Assistant Commissioner, Doddaballapur Sub-Division, Doddaballappar initiated
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NC: 2025:KHC:11871-DB CCC No. 535 of 2023
proceedings in RA (L) 625/2022. In the said proceedings complainant was arraigned as Respondent No.11. His objections were considered and detailed order was passed on 16.06.2023. Hence, there is no willful disobedience of the directions issued to the respondents/accused. Learned AGA has produced copy of the said order along with the memo.
4. It is further submitted that the matter went up to the Hon’ble Supreme Court in Special Leave to Appeal No.14420/2022 wherein it was observed that “by the impugned order, what has only been done by the Division Bench, is to remand the mater to the Assistant Commissioner for deciding the question about mutation entries. In any case, it is settled law that the revenue entries do not confer any title on the parties and the same can be decided only by a competent civil Court”.
5. Therefore, keeping in view the submission made by learned AGA in this matter and the memo filed by him along with the proceedings before the Assistant
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NC: 2025:KHC:11871-DB CCC No. 535 of 2023
Commissioner, Doddaballapura Sub-Division and the order passed by the Hon’ble Supreme Court and also keeping in view Section 2(b) of the Contempt of Courts Act, this contempt petition does not survive for consideration. Consequently, the contempt proceeding is closed.
Sd/- (K.SOMASHEKAR) JUDGE
Sd/- (VENKATESH NAIK T) JUDGE
DKB