- 1 - NC: 2025:KHC:3741-DB CCC No. 916 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH 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. 916 OF 2024 (CIVIL) BETWEEN: 1. D. LAKSHMANA S/O D. RAMAPPA AGED ABOUT 52 YEARS 2. SMT. LAKSHMAMMA W/O RAMAPPA AGED ABOUT 81 YEARS 3. D. SAROJA W/O LAKSHMANA AGED ABOUT 48 YEARS ALL ARE R/AT 4TH WARD THORANAGALLU VILLAGE SANDUR TALUK BALLARI DISTRICT-583 123. …COMPLAINANTS (BY SMT. RAKSHITHA V.N., ADVOCATE FOR SRI. RAGHAVENDRA RAO K., ADVOCATE) AND: 1. SRI PRASHANTH KUMAR MISHRA THE DEPUTY COMMISSIONER BALLARI DISTRICT, BALLARI 583 101. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:3741-DB CCC No. 916 of 2024 2. SRI ANIL KUMAR G. THE TAHSILDAR SANDUR TALUK BALLARI DISTRICT-583 119. …ACCUSED 3. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY ITS PRINCIPAL SECRETARY M.S. BUILDING, VIKAS SOUDHA BENGALURU - 560 001. ... PROFORMA RESPONDENT (BY SRI. S.H.RAGHAVENDRA, AGA) THIS CCC IS FILED UNDER ARTICLE 215 OF CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971, PRAYING TO PUNISH THE ACCUSED FOR WILLFUL BREACH OF THE UNDERTAKING GIVEN BY THEM BEFORE THIS HON'BLE COURT IN W.P.NO.17900/2006 (GM-RES-PIL) AND WILLFUL DISOBEDIENCE OF THE JUDGMENT AND ORDER PASSED BY THIS HON'BLE COURT IN W.P.NO.17900/2006 (GM-RES-PIL) DATED 24.06.2011 FOUND AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:3741-DB CCC No. 916 of 2024 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) What was observed and directed by a Division Bench of this Court by passing the order dated 24.06.2011 was that the respondents shall be bound by the undertaking given to the Court to the effect that Survey No.190 shall continue to be used as graveyard. 2. In the present contempt petition, it is sought to be contended a water tank is being constructed on the land. It may be true that at some end of the land portion the water tank is being constructed as reflected in the photographs, however, there is nothing to show that the use of the land as graveyard is discontinued by the Authority. 3. In the circumstances, it cannot be said that any contempt is committed by the Authorities. The contempt petition is meritless and it is dismissed. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 28