- 1 - HC-KAR NC: 2025:KHC:19316 WP No. 24970 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.24970 OF 2024 (KLR-RES) BETWEEN: PHILIP STEPHEN S/O LATE A B STEPHEN AGED ABOUT 63 YEARS, PRESENTLY R/O NO.347, 7TH MAIN ROAD, VIVEK NAGAR, BANGALORE-560047 ALSO AT R/O HOUSING BOARD SAKALESHPURA TOWN-573134. …PETITIONER (BY SRI. SUMANTH L BHARADWAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BANGALORE-560001. 2. DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573201. 3. ASSISTANT COMMISSIONER SAKALESHPURA TALUK HASSAN DISTRICT-573134. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19316 WP No. 24970 of 2024 4. THE THASILDHAR SAKALESHPURA TALUK HASSAN DISTRICT-573134. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION / ENDORSEMENT DATED 07.03.2024 BEARING NO. L.N.D (2)/200/23-24 ISSUED BY RESPONDENT NO.2, ANNEXURE-A; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER This writ petition is filed by the petitioner challenging the Communication/Endorsement dated 07.03.2024 (Annexure-A) issued by respondent No.2 inter-alia sought for writ of mandamus directing the respondents to grant five acres of land in Sy.No.8 of Jannapura Village, Sakaleshpura Taluk, Hassan District, as per representation produced at Annexure-B. - 3 - HC-KAR NC: 2025:KHC:19316 WP No. 24970 of 2024 2. Heard the learned counsel appearing for the parties. 3. Perusal of the petition would indicate that the respondent-authorities have granted the land as per order dated 17.07.2021 in LND (2) 01/2020-21, LND (2) 129/2020-21 and thereafter, the respondent-authorities had come to a conclusion that the land which was granted in favour of the petitioner is deemed forest and therefore, the same was cancelled and in lieu of the same, granted two acres of land in Sy.No.8 of Jannapura Village, Sakaleshpura Taluk, Hassan District. Thereafter, the respondent No.2 has reduced the extent of land from 02 acres, to 01 acre of land and same is challenged in this writ petition. 4. It is relevant to mention here that, the petitioner has preferred W.P.No.8704 of 2020, seeking direction from this Court to grant the land in favour of petitioner and this court has specifically stated that the land has to be granted within 45 days from the date of - 4 - HC-KAR NC: 2025:KHC:19316 WP No. 24970 of 2024 order as per Annexure-C. It appears that the respondent- authorities have not complied with the same, resulting in the proceedings in CCC No.17 of 2021. 5. In the contempt proceedings the respondent No.2 has filed affidavit and same is reflected in the order passed in CCC No.17 of 2021 which reads as under: "ORDER An affidavit has been filed by the first accused placing reliance on the order dated 17th July 2021 (Annexure--R1), survey sketch and dispatch register at Annexures-R2 and R3. Under the order at Annexure-R1, the complainant has been granted 2 acres of land in Sy. No.13 of Agani village. Hence, there is a substantial compliance made by the accused. In the event, the complainant has any grievance about the said order, he is free to adopt appropriate proceedings in accordance with law. 2. Subject to what is observed above, the petition is disposed of. 3. The pending interlocutory application does not survived and is accordingly, disposed of" 6. Perusal of the affidavit filed by the respondent No.2, would indicate that, an undertaking was made - 5 - HC-KAR NC: 2025:KHC:19316 WP No. 24970 of 2024 before this court granting two acres of land. In that view of the matter, I am of the opinion that, the order passed by the respondent No.2, dated 07.03.2021 (Annexure-A) is per-se amounts to contemptuous and it appears that respondent No.2 has sit over the judgment of Division Bench of this court in contempt proceedings, which is impermissible in law and this act of the respondent No.2, has to be deprecated. It is duty of the respondent- authorities to obey the order passed by this court. In that view of the matter, I find force in the submission made by the learned counsel for the petitioner. Therefore, the impugned Communication/Endorsement 07.03.2024 (Annexure-A) is required to be set aside and the respondent No.2 shall comply with the affidavit filed in CCC No.17 of 2021 (Annexure-D) within an outer limit of two weeks from the date of receipt of certified copy of this order. In the result the writ petition is allowed. It is forthcoming from the impugned Communication/Endorsement produced at Annexure- A - 6 - HC-KAR NC: 2025:KHC:19316 WP No. 24970 of 2024 that respondent No.2 has identified the land to an extent of 02 acres in Sy.No. 8 of Jennapura village, Sakaleshpura Taluk and same has to be adhered to by the respondent No.2 and this court has seriously viewed the inaction on the part of respondent No.2 while passing the impugned order and warned respondent No.2 that, evading from implementing the order of this court is hereby deprecated. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 60