- 1 - NC: 2025:KHC:782-DB CCC No. 822 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CCC NO. 822 OF 2024 (CIVIL) BETWEEN: 1. SRI C NAGARAJU S/O CHIKKAHANUMMAIAH AGED ABOUT 67 YEARS R/O KADABAGERE VILLAGE DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU 562 130. …COMPLAINANT (BY SRI. K V SATEESHCHANDRA, ADVOCATE) AND: 1. MR VIJAYAKUMAR R THE TAHSILDAR BENGALURU NORTH TALUK KANDAYA BHAVAN DISTRIC OFFICE ROAD AMBEDKAR VEEDHI SAMAPANGI RAMA NAGAR BENGALURU 560 009. …ACCUSED Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:782-DB CCC No. 822 of 2024 2. STATE OF KARNATKA BY ITS SECRETARY DEPARTMENT OF REVNEUE VIDHANA SOUDHA BENGALURU 560 001. ...PROFORMA RESPONDENT (BY SMT. PRAMODHINI KISHAN, AGA) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN PRAYS THAT THE HONBLE COURT MAY BE PLEASED TO SECURE THE ACCUSED INITIATE CONTMEPT PROCEEDINGS FOR NON-COMPLIANCE OF THE ORDER DATED 18.04.2024 PASSED IN WP NO.3566/2024 (KLR- RES) VIDE ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE WITH THE CONTEMPT OF COURT ACT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:782-DB CCC No. 822 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Following were the directions in the order dated 18.04.2024 passed by learned Single Judge, "5. In the meanwhile, if the petitioner approaches the Tahsildar, seeking continuation of his name in the computerized Pahani, the Tahsildar shall consider the claim of the petitioner for continuation of his name in the computerized pahani. The Tahsildar shall not decline to consider the claim of the petitioner on the ground that no grant was made in favour of the petitioner. If the Tahsildar is of such opinion, then he may move the competent authority to invoke the suo-motu powers under Section 136(3) of the Act which is also akin to the orders passed by this Court in W.P.Nos.144908-909/2013. If such action is to be initiated it shall be initiated within a period of one month from the date when which the petitioner approached the Tahsildar seeking revenue entries. If suo-motu proceedings are not initiated within such period, the Tahsildar shall proceed to enter the name of the petitioner in the land records and in the computerized pahani without waiting any further. Such entry shall be made by the Tahsildar within a period of one month from the date when which the representation is given by the petitioner." 2. As per the directions, the competent authority was permitted to invoke the suo motu powers under Section 136(3) of - 4 - NC: 2025:KHC:782-DB CCC No. 822 of 2024 the Karnataka Land Revenue Act, 1964 in relation to the claim of the petitioner for entering his name in the computerized pahani. It was provided that the suo motu proceedings are not initiated within one month from the date the petitioner approaches the Tahsildar seeking revenue entries, the name of the petitioner shall be entered in the computerized pahani. 3. Today when the contempt petition came up for consideration, the factum is admitted that the competent authority has already initiated suo motu proceedings as contemplated in the aforesaid directions. 4. Once the suo motu proceedings are initiated, in the view of the Court, the contempt proceedings would not survive as the directions are substantially complied with and that the authority has acted in the direction of the compliance. 5. It was sought to be submitted by learned advocate Mr. K.V. Sateeshchandra for the complainant that the suo motu proceedings were initiated after expiry of a period of one year. He further relied on the order passed by this Court in Writ Petition Nos.144908-909 of 2013. He submitted that since there was delay in initiating the suo motu proceedings, the complainant - 5 - NC: 2025:KHC:782-DB CCC No. 822 of 2024 automatically became entitled to get his name entered in the land records. 6. Responding to the above aspect, learned Additional Government Advocate Smt. Pramodhini Kishan submitted that mere delay of few days in initiating the suo motu proceedings would not automatically invest the complainant with a right to have his name entered in the revenue records. It was further submitted that it was due to the code of conduct in operation in view of the parliamentary elections that the officials could not attend to the immediate compliance of the order. The explanation is plausible and liable to be accepted. 7. Even otherwise, once the suo motu proceedings are initiated, the contempt is purged and further rights would accrue for the complainant only upon the outcome of the proceedings which are initiated. The contempt proceedings are closed as not surviving as the orders are complied with. Learned advocate for the complainant, at this stage, requests that time limit may be fixed for completion of the proceedings. Fixing time limit for competition of the suo motu proceedings is not within the domain of the contempt jurisdiction. However, it is - 6 - NC: 2025:KHC:782-DB CCC No. 822 of 2024 expected that the authority shall act expeditiously to decide the same. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 33