Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4018-DB CCC No. 657 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH 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.657 OF 2023
BETWEEN:
SMT. REKHA RAO AGED ABOUT 49 YEARS D/O K. RAGHAVA RAO R/AT MIG -6, KHB COLONY NEAR WATER TANK KUNJATHBAIL, KAVOOR MANGALURU - 575 015. …COMPLAINANT (BY SRI K. S. NARESH SANTHOSH., ADVOCATE (ABSENT)) AND:
1.
SRI MULLAI MUHILAN M. P.
S/O. UNKNOWN AGE MAJOR DEPUTY COMMISSIONER D. K. MANGALURU - 575 015.
2.
SRI PRASHANTH V. PATILA S/O. UNKNOWN AGE MAJOR TAHSILDAR, MANGALURU TALUK MANGALURU - 575 015.
3.
THE STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT M. S. BUILDING BENGALURU - 560 001. …ACCUSED (BY SMT. NAMITHA MAHESH, B. G., A.G.A., FOR A-1, A-2 AND A-3)
Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4018-DB CCC No. 657 of 2023
THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, WHEREIN SHE PRAYS TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING DISOBEYED THE ORDER PASSED BY THIS HON'BLE COURT DATED 13.1.2023 IN W.P. NO.883/2023 (KLR-RES) A COPY OF WHICH IS PRODUCED AT ANNEXURE-B PUNISH THE ACCUSED FOR WILLFULLY AND DELIBERATELY DISOBEYING THE ORDERS PASSED BY THIS HON'BLE COURT.
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)
This contempt proceeding has been initiated by the complainant against the accused in respect of the order dated 13.01.2023 passed by this Court in WP.No.883/2023 (KLR- RES) vide Annexure-B. Therefore, the complainant is seeking to take action against the accused.
2. Sri. K.S. Naresh Santhosh, learned counsel for the complainant is absent. Smt. Namitha Mahesh B.G., learned Additional Government Advocate appearing for accused Nos.1 and 2 and pro-forma respondent No.3 is present before the Court physically.
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NC: 2025:KHC:4018-DB CCC No. 657 of 2023
3. Learned Additional Government Advocate has filed the compliance affidavit dated 25.10.2024 filed by accused No.2 - Sri. Prashanth V. Patila, which reads as under :
"I, Prashanth V. Patil S/o Veerabhadragowda, aged about 49 years, presently serving as Tahsildar, Mangaluru Taluk, Manglauru, D.K. District, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:-
1. I am arrayed as Respondent/Accused No.2 in the above Contempt Petition and I am well conversant with the facts and circumstances of the case based on the records maintained in our office. Hence, I am swearing to this Affidavit.
2. I state that the Respondent/Accused No.1 had already filed an Affidavit dated 28.11.2023 and in pursuance to that, the Office of the Respondents/ Accused No.1 and 2 have duly complied with the Orders of this Hon'ble Court in Writ Petition No.883/2023 dated 13.01.2023 and have reflected the name of the Complainant in the RTC records. A copy of the RTC reflecting the name of the Complainant is produced herewith and marked as DOCUMENT No.R1.
3. I state that the Hon'ble learned Single Judge in Petition No.883/2023 had ordered that Respondent/ Accused No.1 shall offer an opportunity of hearing to all parties concerned including Petitioner/ Complainant herein and thereafter pass necessary Orders in accordance with law. In due compliance of the same, the Respondents/Accused has after providing an opportunity of hearing to all parties and the Complainant herein has passed the order dated 25.06.2024 accordingly. The original certified copy of
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NC: 2025:KHC:4018-DB CCC No. 657 of 2023
the order passed by the Respondent/Accused No.1 along with the English translation version is herewith produced and marked as DOCUMENT No.R2.
4. I state that the
Order of the Deputy Commissioner, D.K District, Mangaluru Respondent/ Accused No.1 dated 25.06.2024 has been furnished to the Complainant. The acknowledgement from the Complainant advocate has also been received. A copy of the acknowledgement given by the Advocate for the Complainant is also produced herewith and marked as DOCUMENT No.R3.
5. I state that I have the greatest regard and respect for the Orders of this Hon'ble Court and there is no intentional and willful disobedience of the orders of this Hon'ble Court.
6. I humbly submit my unconditional apology for the unintentional delay in compliance of the Orders of this Hon'ble Court, caused due to administrative reasons and the same being bonafide.
7. I humbly submit that as per the orders of this Hon'ble Court, the Respondents/Accused have duly complied with the orders of the learned Single Judge in Writ Petition No.883/2023 dated 13.01.2023.
8. I humbly submit that the above documents and
submissions kindly be taken on record in the interest of justice and equity.
WHEREFORE, I humbly pray that this Hon'ble Court may kindly be pleased to DROP the aforementioned Contempt Petition, in the interest of justice and equity."
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NC: 2025:KHC:4018-DB CCC No. 657 of 2023
4. In view of the above, it is deemed appropriate that the
order passed by this Court has been complied. Therefore, this contempt proceeding do not survive for consideration. Hence, the contempt proceeding is hereby dropped.
Sd/- (K.SOMASHEKAR) JUDGE
Sd/- (VENKATESH NAIK T) JUDGE
PHM List No.: 1 Sl No.: 13