- 1 - NC: 2025:KHC:2137-DB CCC No. 800 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH 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.800 OF 2023 BETWEEN: 1. S. UMESH RAO S/O. LATE SURYANARAYANA RAO AGED ABOUT 49 YEARS RESIDING AT FLAT NO.206 'G' BLOCK PREMIER GRUHALAKSHMI APARTMENT S.M. ROAD, JALAHALLI WEST BENGALURU-560 015. 2. S. GURUPRASD RAO S/O. LATE SURYANARAYANA RAO AGED ABOUT 46 YEARS RESIDING AT FLAT NO.303 'PAVAMANA' RESIDENCY 43RD MAIN, 52ND CROSS POORNAPRAGNA LAYOUT UTTARAHALLI BENGALURU-560 061. …COMPLAINANTS (BY SRI M.T. JAGAN MOHAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2137-DB CCC No. 800 of 2023 2. DR. SHIVASHANKAR N. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT DISTRICT OFFICE COMPLEX BEERASANDRA VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110. …ACCUSED (BY SMT. NAMITHA MAHESH, B.G., A.G.A. FOR A-1, & A-2 IS SERVED AND UNREPRESENTED) * * * THIS CIVIL CONTEMPT PETITION IS FILED UNDER ARTICLE 215 OF CONSTITUTION OF INDIA AND SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO PUNISH ACCUSED NO.2 AS PER THE PROVISIONS OF CONTEMPT OF COURTS ACT FOR NOT BEING COMPLIED THE ORDERS DATED 3-8-2022 IN WRIT PETITION NO.16846 OF 2021 (LA-RES) WITHIN THE STIPULATED TIME. 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 proceedings has been initiated against accused No.2 for non-compliance of the order dated 3-8-2022 passed in Writ Petition No.16846 of 2021 (LA-RES), wherein a direction was issued to accused No.2/respondent No.5 in the writ petition to consider the representation of the petitioners - 3 - NC: 2025:KHC:2137-DB CCC No. 800 of 2023 within an outer limit of three months from the date of receipt of certified copy of that order. 2. Sri M.T. Jagan Mohan, learned counsel for the complainant, is physically present before the Court. 3. Learned Additional Government Advocate has filed a compliance Affidavit of Sri Dr. N. Shivashankar, S/o. Ningegowda, aged 54 years, Deputy Commissioner, Bengaluru Rural District, Bengaluru, stating that 'the Special District Commissioner has published in official Gazette on 4-6-1977, Notification No:R.H.S(2)246/1976-77 acquisition of 1-20 Guntas of land in S.No.106/1A of Nidavanda village, Sompura Hobli, Nelamangala Taluk, for the purpose of house construction for the poor landless families. In this area, nearly 40 sites have been allotted to the beneficiaries by the Government. The beneficiaries have already constructed the house 22 years ago and no objection has been submitted. From the year 1960 To 2000, neither the name of the father nor the mother of the writ petitioner has appeared in RTC and revenue documents. On verification of Encumbrance Certificate also, no right has been acquired by the petitioner's father or mother in - 4 - NC: 2025:KHC:2137-DB CCC No. 800 of 2023 S.No.106/1D. Further, the petitioner has not submitted any document to show that for having established any title to the property in S.No.106/1D. For the request submitted by the petitioner, the representation has been considered and an Endorsement has been issued by Assistant Commissioner, Doddaballapura Sub Division dated 15-2-2023 and a copy of the same is produced as Annexure-R4. Further, the representation of the petitioner has been considered by this Office and on the basis of report by the Assistant Commissioner, Doddaballapura, an Endorsement has been issued to the petitioner on 16-1-2025 and a copy of the same is produced as Annexure-R5'. 4. Compliance Affidavit is taken on record. 5. In view the compliance of the writ order, the contempt proceedings does not survive for consideration. Accordingly, the contempt proceedings are hereby dropped. 6. At this stage, the learned counsel for the complainants seeks liberty to challenge the endorsement made by the Deputy Commissioner. - 5 - NC: 2025:KHC:2137-DB CCC No. 800 of 2023 Liberty, as sought for, is granted. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 2 Sl No.: 5