Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10379-DB CCC No. 646 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH 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.646 OF 2022
BETWEEN:
1.
SMT. JAYAMMA W/O. G. BYRAPPA AGED ABOUT 65 YEARS R/O NO.187, 1ST FLOOR 10TH 'B' MAIN ROAD, JAYANAGAR BENGALURU - 560 011.
2.
B. RAMESH S/O. B. BYRAPPA AGED ABOUT 49 YEARS R/O NO.187, 1ST FLOOR 10TH 'B' MAIN ROAD, JAYANAGAR BENGALURU - 560 011.
3.
G. BYRAPPA S/O. LATE GANGABYRAIAH AGED ABOUT 71 YEARS R/O NO.187, 1ST FLOOR 10TH 'B' MAIN ROAD, JAYANAGAR BENGALURU - 560 011. …COMPLAINANTS (BY SRI ANKALKOTE RAJENDRA SHANTAPPA AND SMT. VIJAYA M. N., ADVOCATES)
Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka
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NC: 2025:KHC:10379-DB CCC No. 646 of 2022
AND:
1.
SRI MANJUNATH B. R.
SPECIAL TAHSILDAR BENGALURU NORTH TALUK (ADDITIONAL) YELAHANKA SATELLITE TOWN BENGALURU DISTRICT - 560 064.
2.
STATE OF KARNATAKA BY ITS SECRETARY DEPT. OF REVENUE M. S. BUILDING BENGALURU - 560 001. …ACCUSED (BY SMT. NAMITHA MAHESH B. G., A.G.A., FOR ACCUSED;
A-1 IS SERVED)
THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS, BY THE COMPLAINANT, WHEREIN HE PRAYS TO SECURE THE ACCUSED AND INITIATE A CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR VIOLATING THE ORDER PASSED BY THIS HON'BLE COURT IN ORDER DATED 17.08.2021 PASSED IN W.P.NO.10876/2020 CLUBBED WITH W.P.NO.8134/2020 (LR) IS LIABLE TO BE PUNISHED UNDER THE CONTEMPT OF COURT ACT.
THIS CIVIL CONTEMPT PETITION IS 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)
Sri Ankalkote Rajendra Shantappa, learned counsel for the complainants is neither present before the Court nor through video conference.
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NC: 2025:KHC:10379-DB CCC No. 646 of 2022
2. This contempt proceedings has been initiated by the complainants against the accused for dis-obedience of the order dated 17.08.2021 passed by learned Single Judge in W.P.No.10878/2020(LR) c/w. W.P.No.8134/2020(LR), wherein the learned Single Judge disposed of the writ petitions by placing on record the affidavit of the Spl. Tahsildar to comply with his undertaking by issuing Form 10 and by making entries in the revenue records in terms thereof within a period of two months, failing with, Sri. Manjunatha B.R., Spl. Tahsildar, Yelahanka was directed that he shall personally pay to the petitioner Rs.5,000/- for the delay of each day brooked till after the compliance is done and compliance report is filed with the Registrar General of this Court. However, since the said order had not been complied, the present contempt is filed.
2. Learned Addl. Government Advocate Smt. Namitha Mahesh, appearing for the accused submits that compliance affidavit dated 21.09.2022 has been filed by accused No.1. She further submits that questioning the order dated 17.08.2021 passed by learned Single Judge in W.P.No.10878/2020(LR) c/w. W.P.No.8134/2020(LR), a review petition in R.P.No.759/2022 is pending consideration and she has
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NC: 2025:KHC:10379-DB CCC No. 646 of 2022
facilitated the status of the proceedings pending in R.P.No.759/2022 and W.P.No.22790/2021, W.P.No.4165/2022 and W.P.No.4170/2022 and submits that the present contempt proceedings does not survive for consideration. The same is taken on record.
3. Therefore, keeping in view the provision of Section 2(b) of Contempt of Courts Act, 1971 and when the review petition filed questioning the order passed by learned Single Judge is pending consideration, the contempt proceedings initiated to take action against the accused would not survive for
consideration.
Accordingly, the contempt proceedings are hereby dropped.
Sd/- (K.SOMASHEKAR) JUDGE
Sd/- (VENKATESH NAIK T) JUDGE
MN List No.: 1 Sl No.: 7