- 1 - NC: 2025:KHC:3671-DB CCC No. 991 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH 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.991 OF 2023 BETWEEN: 1. MARIKALAMMA W/O. LATE NANJEGOWDA AGED ABOUT 70 YEARS 2. SIDDARAMEGOWDA S/O. LATE NANJEGOWDA AGED ABOUT 56 YEARS BOTH ARE RESIDENTS OF LAKSHMIPURA VILLAGE KIKKERI HOBLI, KRISHNARAJAPETE TALUK MANDYA DISTRICT- 571 401. …COMPLAINANTS (BY SRI YOGANNA K. P., ADVOCATE, (ABSENT)) AND: 1. SRI CHANDREGOWDA THE ASSISTANT EXECUTIVE ENGINEER THE KAVERI NEERAVARI NIGAM LTD. NO.10,H,L,B,C, SUB DIVISION KIKKERI VILLAGE, AND HOBLI KRISHNARAJAPETE TALUK MANDYA DISTRICT - 571 426. 2. KIJAR AHMED THE EXECUTIVE ENGINEER KAVERI NEERAVARI NIGAM LTD. H.L.B.C. NO.3, KRISHNARAJAPETE TOWN Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3671-DB CCC No. 991 of 2023 MANDYA DISTRICT - 571 426. 3. VISWANATHA THE SPECIAL LAND ACQUISITION OFFICER DEPUTY COMMISSIONER OFFICE AT MANDYA 1ST FLOOR, MANDYA CITY MANDYA DISTRICT - 571 401. 4. DR. KUMAR DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 571 401. 5. MAHESHA THE MANAGING DIRECTOR KAVERI NEERAVARI NIGAMA LTD. ANANDARAO CIRCLE BENGALURU CITY - 560 009. …ACCUSED 6. THE STATE OF KARNATAKA BY CHIEF SECRETARY VIDHANA SOUDHA BENGALURU. …PRO-FORMA - RESPONDENT (BY SRI K. S. BHEEMAIAH, ADVOCATE FOR A-1, A-2 AND A-5) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT READ WITH UNDER ARTICLE 215 OF CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHEREIN SHE PRAYS TO TAKE COGNIZANCE FOR THE OFFENCE UNDER THE CONTEMPT OF COURT FOR DISOBEYING THE ORDERS PASSED BY THIS HON'BLE COURT IN W.P.NO.14748/2022 ON DATED 08.08.2022 AND DUE TO THE DISOBEDIENCE COMMITTED BY THE ACCUSED PERSONS FURTHER PLEASED TO PUNISH THE ACCUSED IN ACCORDANCE WITH LAW. THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:3671-DB CCC No. 991 of 2023 CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) Learned counsel Sri Yoganna K.P. for the complainants are not present before the Court physically or through video conference. 2. Learned counsel Sri. K.S. Bheemaiah, appearing for accused Nos.1, 2 and 5 has pressed into service for consideration of counter affidavit filed by accused No.1 on 05.09.2024 in compliance of the order dated 08.08.2022 passed by learned Single Judge in W.P.No.14748/2022(LA-RES) and he submits that the proceedings has been initiated by the complainant after lapse of 12 months. Therefore, keeping in view, Section 20 of the Contempt of Courts Act, 1971, if the contempt proceedings are initiated after lapse of one year, the contempt does not survive for consideration to take action against the accused. 3. The Hon'ble Supreme Court in the case of S. TIRUPATHI RAO V. M. LINGAMAIAH reported in 2024 SCC Online 1764 at paragraph 53 has made an observation specifically stating that, even in case of a petition disclosing facts constituting contempt, which is civil in nature, the petitioner cannot choose a time - 4 - NC: 2025:KHC:3671-DB CCC No. 991 of 2023 convenient to him to approach the Court. The statute refers to a specific time limit of one year from the date of alleged contempt for proceedings to be initiated; meaning thereby, that the action should be brought within a year, and not beyond, irrespective of when the proceedings to punish for contempt are actually initiated by the high court. 4. Accordingly, in view of the submissions made and in view of the judgment rendered by Hon'ble Supreme Court, the contempt proceedings does not survive for consideration and the contempt proceedings are hereby dropped. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 2 Sl No.: 11