- 1 - NC: 2025:KHC:1427-DB CCC No. 618 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. 618 OF 2022 BETWEEN: MR T J MATHEW S/O T E M JOSEPH AGED ABOUT 66 YEARS ALMADE HOUSE, SHIRADI TALUK AND POST, KADABA TALUK DAKSHINA KANNADA DISTRICT-574221. …COMPLAINANT (BY SRI. KARUNAKARA P - ADVOCATE) AND: 1. STATE OF KARNATAKA PANCHAYAT RAJ AND RURAL DEVELOPMENT VIDHANA SOUDHA, BENGALURU. 2. MR. ANANTHA SHANKAR TAHSILDAR KADABA , KADABA TALUK DAKSHINA KANNADA - 574221. …ACCUSED (BY SMT. NAMITHA MAHESH B G – AGA FOR ACCUSED NO.1; ACCUSED NO.2 IS SERVED AND UNREPRESENTED) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO SECURE THE PRESENCE OF THE ACCUSED PERSONS AND INITIATE APPROPRIATE CONTEMPT PROCEEDINGS AGAINST ACCUSED AND PUNISH THE ACCUSED NO.3 FOR NOT OBEYING THE Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:1427-DB CCC No. 618 of 2022 ORDER OF THIS HON’BLE COURT IN W.P.NO.6910/2022(LB- UC) PRODUCE AT ANNEXURE-A. 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 respondent / authority in view of non-compliance of the order passed by a learned Single Judge of this Court in W.P.No.6910/2022 dated 29.03.2022 vide Annexure-“A”. 2. By the said order, the learned Single Judge while disposing of the petition, had directed the second accused herein / Tahsildar to take action against the representation dated 07.10.2021 of the complainant as regards unauthorized construction at the Sarkari Paramboku of the river in question within a period of eight weeks from the date of the said order. - 3 - NC: 2025:KHC:1427-DB CCC No. 618 of 2022 3. Heard the learned counsel Shri Karunakara P for the complainant as well as the learned AGA for Accused No.2 / Tahsildar. 4. The learned AGA seeks for consideration of compliance affidavit dated 27.10.2022 filed by Accused No.2 being the Tahsildar, Kadaba Taluk, Dakshina Kannada. At paragraph 3 of the said affidavit, the Tahsildar has stated that in pursuance of the order of the learned Single Judge, he had issued an endorsement dated 18.10.2022 stating that the file with regard to grant of Hakku Patra is forwarded to the Office of the Deputy Commissioner and since the appeal is under investigation and the Court has granted an interim order of stay, the application of the complainant dated 07.10.2021 could not be considered at this stage. It is further stated that after the final judgment of the Court of the Deputy Commissioner, the application of the complainant would be considered in accordance with law. A copy of the said endorsement dated 18.10.2022 is produced and marked - 4 - NC: 2025:KHC:1427-DB CCC No. 618 of 2022 as Annexure-“R1”. Hence, it is submitted that the Tahsildar has complied with the order passed by the learned Single Judge. In view of the Authority having complied with the order of the learned Single Judge, learned AGA prays to drop the proceedings as against the respondents. 5. Therefore, keeping in view the submission of the learned AGA, the present contempt proceedings do not survive for consideration. In view of the same, the contempt petition is hereby dropped. 6. However, the complainant if aggrieved, is reserved liberty to proceed with the matter, in accordance with law. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE KS