- 1 - NC: 2025:KHC:6239-DB CCC No. 1067 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 1067 OF 2022 BETWEEN: 1. SRI. VENKATARAMAIAH, SINCE EXPIRED ON 06.07.2022, BY HIS LEGAL REPRESENTATIVES, SRI. NARASIMHA MURTHY H.V. S/O LATE VENKATARAMAIAH, AGED ABOUT 47 YEARS, 2. SRI. CHANDRASHEKAR.V S/O LATE VENKATARAMAIAH, AGED ABOUT 49 YEARS, BOTH ARE RESIDING AT HEGGADEVANAPURA, DASANAPURA HOBLI, BANGALORE NORTH TALUK BANGALORE – 562 162. …COMPLAINANTS (BY SRI. MALLIKARJUN N.K, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY, BENGALURU – 560 001. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6239-DB CCC No. 1067 of 2022 2. SRI NAGA PRASHANTH (IN CHARGE) TAHSILDAR BANGALORE NORTH TALUK BENGALURU – 560 001 …ACCUSED (BY SMT. NAMITHA MAHESH .B.G, AGA FOR R1 AND R2) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HONBLE COURT BE PLEASED TO PUNISH THE ACCUSED NO.,2 (TAHSILDHAR) FOR NON-COMPLIANCE OF THE ORDER DATED 08.06.2022 IN WP NO.35469/2018 (KLR- RR-SUR) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT VIDE ANNEXURE-A. THIS PETITION, 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 petition is initiated by the complainants against the accused for non-compliance of the order passed by the learned single Judge in W.P.No.35469/2018 (KLR-RR-SUR) dated 08.06.2022 vide Annexure-A. 2. Learned counsel Sri Mallikarjun N.K. for the complainants is present before the Court physically and forcefully submits to take action respondents/accused. - 3 - NC: 2025:KHC:6239-DB CCC No. 1067 of 2022 3. Learned AGA has filed compliance affidavit of one Sri Vijayakumar R working as Tahsildar, Bangalore North Taluk, Bengaluru. The affidavit consists paragraphs 1 to 9. In para 3 it is stated that in compliance of the order passed in the aforesaid writ petition, he has verified all the records pertaining to Sy.No.36 of Heggadadevanapura, Dasanapura Hobil, Bengaluru North Taluk measuring to an extent of 34 guntas. The said land is basically a Government Gundu Thopu and as per the survey settlement and land records, since the said land is a B kharab land, it is mentioned as Government Gundu thopu in the concerned index of land register also. The Deputy Commissioner, Bengaluru District has also notified the land to an extent of 34 guntas in Sy.No.36 of Heggadadevanapura village, Dasanapura Hobli, Bengaluru North Taluk as Government Gunduthopu vide notification bearing No.RHS(2).373/76-77 dated 11.03.1977 and bearing No.RHS(2).373/76-77 dated 16.09.1978. It is also submitted that upon verification, the Karnataka Revisional Settlement Akarband (Utharu) with respect to the said survey number indicates that the entire extent of 34 guntas is B kharab land which cannot be alienated. The copy of revisional settlement - 4 - NC: 2025:KHC:6239-DB CCC No. 1067 of 2022 akarbandh is produced as Annexure-R1. The copy of Index of Lands in respect of the aforesaid survey number indicates the same as Government Gundu Thopu. The copy of the same is produced as Annexure-R2. 4. Keeping in view the submission made by the learned AGA and so also, the compliance affidavit along with annexures, it does not arise for initiation of action against the respondents/accused as it is punitive in nature. Learned AGA submits against the order passed by the learned single Judge in W.P.No.35469/2018 an appeal has been preferred by the State in W.A.No.1597/2024 and the same is pending consideration. However, counsel for the complainants cleverly submits that even though this contempt proceedings has been initiated by the complainants seeking implementation of the order passed by the learned single Judge, but the compliance affidavit has been filed by the learned AGA even though the writ appeal is pending consideration. This submission is taken on record. 5. However, keeping in view Section 2(b) of the Contempt of Courts Act, this contempt proceeding does not - 5 - NC: 2025:KHC:6239-DB CCC No. 1067 of 2022 survive for consideration. Consequently, the contempt proceeding is hereby dropped. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE DKB