- 1 - NC: 2025:KHC:2135-DB CCC No. 1004 of 2022 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.1004 OF 2022 BETWEEN: SRI RAGHUPATHI S/O. DEVENDRA AGED ABOUT 20 YEARS RESIDENT OF ATHVADI VILLAGE HONNESARA POST, SAGARA TALUK SHIVAMOGGA DISTRICT-577 401. …COMPLAINANT (BY SRI RAMAKRISHNA HEGDE, ADVOCATE) AND: 1. DR. SELVAMANI R. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577 201. 2. PALLAVI SATENAHALLI THE ASSISTANT COMMISSIONER SAGAR TALUK, SAGAR SHIVAMOGGA DISTRICT-577 401. 3. MALLESH B. POOJAR THE TAHASILDAR SAGAR TALUK, SAGAR, SHIVAMOGGA DISTRICT-577 401. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2135-DB CCC No. 1004 of 2022 4. STATE OF KARNATAKA REPRESENTED BY THE COMMISSIONER FOR HINDU RELIGIOUS INSTITUTION CHARITABLE ENDOWMENT DEPARTMENT CHAMARAJPET BENGALURU-560 019. …ACCUSED (BY SMT. NAMITHA MAHESH, B.G., A.G.A., FOR A-1 TO A-4) * * * THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO PUNISH ACCUSED NOS.1, 2 AND 3 IN THE ABOVE CASE FOR HAVING COMMITTED AN ACT OF CONTEMPT WILLFULLY, INTENTIONALLY, PURPOSEFULLY AND DELIBERATELY BY DISOBEYING THE ORDER DATED 10-2-2022 IN WRIT PETITION NO.23146 OF 2021 (KLR-RES-PIL). 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 Nos.1 to 3 for disobeying the order dated 10-2-2022 passed in Writ Petition No.23146 of 2021 (KLR-RES-PIL) in the nature of Public Interest Litigation, wherein this Court directed respondent No.2-Deputy Commissioner that if any representation is made by the petitioner/complainant, he shall - 3 - NC: 2025:KHC:2135-DB CCC No. 1004 of 2022 enquiry into the matter with regard to the alleged encroachment over the land in question and in case, any encroachment is found, then they shall take appropriate steps to remove the said encroachment in accordance with law, within a period of eight weeks from the date of receipt of a copy of that order. 2. Smt. Namitha Mahesh B.G., learned Additional Government Advocate appearing for accused Nos.1 to 4, submits that she has filed the compliance Affidavit of Sri Chandrashekara, Tahasildar, Shivamogga District. 3. In the Affidavit, the Tahasildar has stated that the applications have been heard by the Deputy Commissioner by order dated 13-11-2024 and by the said order, the Deputy Commissioner has rejected all the applications filed by the contesting respondents in Writ Petition No.23146 of 2021. He has stated that the said order of the Deputy Commissioner dated 13-11-2024 is communicated to their Office vide communication dated 13-1-2025 in No.LND 109/2022RD/00/50000. In pursuance of the said order of the Deputy Commissioner, steps are being taken to issue notice - 4 - NC: 2025:KHC:2135-DB CCC No. 1004 of 2022 under Section 192-A of the Karnataka Land Revenue Act for eviction of the contesting respondents in Writ Petition No.23146 of 2021. He further stated that the entire process subsequent to issuance of the notice as aforesaid will consume some time and the said process of eviction will be completed in accordance with law within an outer limit of two months. 4. Compliance Affidavit is taken on record. 5. At this stage, Sri Ramakrishna Hegde, learned counsel for the complainant, submits that in view of the undertaking given by the accused in the compliance Affidavit that the said process of eviction will be carried out within a period of two months, this contempt proceedings may be dropped, with liberty to approach this Court, if need arises. 6. Submission of the learned counsel for the complainant is taken on record. 7. Accordingly, the contempt proceedings are hereby dropped. - 5 - NC: 2025:KHC:2135-DB CCC No. 1004 of 2022 Liberty, as sought for, is granted. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 2 Sl No.: 3