- 1 - NC: 2025:KHC:1426-DB CCC No. 812 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. 812 OF 2022 BETWEEN: D. M. MANJUNATH S/O. LATE D. M. RUDRAIAH AGED ABOUT 72 YEARS R/AT DMR HOUSE, 3RD CROSS V. P. EXTENSION CHITRADURGA-577 501. …COMPLAINANT (BY SRI. H KANTHARAJ – SR. COUNSEL A/W SRI. RAVI H K - ADVOCATE) AND: 1. S. R. UMASHANKAR PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING DR. ABMEDKAR VEEDHI BENGALURU-560 001. 2. ISLAUDDIN J GADYAL THE ADDITIONAL REGIONAL COMMISSIONER OFFICE OF REGIONAL COMMISSIONER 2ND FLOOR, BMTC BUILDING K.H. ROAD, SHANTHINAGAR BENGALURU-560 027. 3. SMT. KAVITHA S MANNIGERI THE DEPUTY COMMISSIONER Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:1426-DB CCC No. 812 of 2022 CHITRADURGA DISTRICT CHITRADURGA-577 501. 4. CHANDRAIAH. R ASSISTANT COMMISSIONER CHITRADURGA SUB DIVISION CHITRADURGA-577 501. 5. B. RAMANJANEYA TECHNICAL ASSISTANT AND INCHARGE DEPUTY DIRECTOR OF LAW RECORDS OFFICE OF DEPUTY COMMISSIONER CHITRADURGA-577501. 6. RAMYA. K THE DEPUTY DIRECTOR OFFICE OF COMMISSIONER FOR SURVEY AND LAND RECORDS K.R. CIRCLE, BENGALURU-577 501. 7. G. H. SATYANARAYANA THE TAHSILDAR CHITRADURGA TALUK CHITRADURGA-577 501. 8. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPLE SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560 001. …ACCUSED (BY SMT. NAMITHA MAHESH B G – AGA FOR ACCUSED NO.8; ACCUSED NOS.3 TO 7 ARE SERVED AND UNREPRESENTED) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO PUNISH THE ACCUSED FOR THE DISOBEDIENCE OF THE ORDER DATED - 3 - NC: 2025:KHC:1426-DB CCC No. 812 of 2022 14.09.2021 PASSED IN WP NO.16513/2021 (KLR-RES) BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT. 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 proceedings is initiated by the complainant against the respondent/accused for having deliberate and willful disobedience of the order passed by learned Single Judge in WP.No.16513/2021 (KLR-RES) dated 14.09.2021 vide Annexure – A. 2. Learned Senior counsel Sri H.Kantharaj appears for learned counsel Sri Ravi H.K who is on record for the complainant. Learned AGA Smt Namitha Mahesh B.G for the Respondent No.8 is present. 3. In the aforesaid order passed by the learned Single Judge, Para No.6 indicates as the petitioner is also - 4 - NC: 2025:KHC:1426-DB CCC No. 812 of 2022 permitted to make online application and make payment of online fees since online system has been introduced as regards these matters. Para No.7 indicates as the concerned respondent will act on a print out of the uploaded copy of this order on the website of this Court, if so furnished by the petitioner, without waiting for the certified copy thereof. If concerned respondent has any doubt about the order, he/she may verify the contents of the order from the website of this Court and/or from the learned Additional Government Advocate. 4. Learned AGA submits for consideration of the affidavit filed by Dr.Nagaveni, Tahsildar, Chitradurga Taluk, Chitradurga wherein para No.4 of the said affidavit states that the Survey No.33 totally consists of 1153.35 acres of land in which an extent of 253 acres 20 guntas have been granted to various persons and 889 acres 15 guntas is reserved as a “Reserved Forest”. The lands identified by the Department in the said Survey number, there is formation of thick and lands are measuring around - 5 - NC: 2025:KHC:1426-DB CCC No. 812 of 2022 100 acres and the complainant has failed to identify his land so claimed for the purpose of podi and durasthi. Without the complainant identifying his lands of cultivation, the Department is not in a position to identify the said land in such a vast acres of land. Hence, a detailed endorsement dated 06.06.2023 has been issued to the complainant explaining the reasons as to why podi and durasth cannot be completed and the said endorsement also explains regarding the requisition of the Forest Department of converting those lands as reserved forest. Copy of the endorsement dated 06.06.2023 along with translated copy is produced herewith and marked as Annexure-R2 for the kind perusal of this Court. 5. Keeping in view the submissions made by the learned Senior counsel and learned AGA, it is relevant to refer the judgment rendered by the Hon’ble Supreme Court in case of S.Tirupati Rao vs. Lingamaiah reported in 2024 SCC OnLine SC 1764 wherein in paragraph 52 states as under: - 6 - NC: 2025:KHC:1426-DB CCC No. 812 of 2022 52. Therefore, it would be correct to state that the court’s power when dealing with the question of contempt, in a sense, is discretionary. It cannot be gainsaid that even in cases where disobedience of the order of the court is not disputed, the court may also accept a defence, if raised, of impossibility to comply with an order and come to the conclusion that since it is impossible to enforce its order, action to punish may not be initiated. That apart, refusal may be justified by grave concerns of public policy. Much would depend on the facts and circumstances of the case, the nature of the contempt under enquiry, etc., which would enable the court to exercise its discretion either way. However, to demonstrate his bona fide, the contemnor ought to bring any valid defence for his disability to comply with the court’s direction to its notice without wasting any time. Whatever be the position before it, nothing stands in the way of the high court from passing an order to ensure that nothing impedes the course of justice. 6. Therefore, keeping in view the reliance of the Hon’ble Supreme Court stated supra, there is no substance to consider this contempt proceeding to take punitive action against respondents/accused. Consequently, this contempt proceeding is hereby dropped. - 7 - NC: 2025:KHC:1426-DB CCC No. 812 of 2022 In view of disposal of the contempt petition, if any, interlocutory application pending, same shall also stand disposed of. In the meanwhile, learned Senior counsel for the complainant seeks liberty. Therefore, liberty is granted to the complainant to proceed further in accordance with law. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE RJ