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2025 DAILYLAW 33653 (KAR)

SMT NARASAMMA v. THE STATE OF KARNATAKA

CCC/1046/2023 · 2025-02-10

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:5935-DB CCC No. 1046 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH 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. 1046 OF 2023 BETWEEN: SMT NARASAMMA W/O LATE SRI NARASIMAHAIAH AGED ABOUT 68 YEARS R/AT BHEEMANAKUPPE RAMOHALLI, KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU 560060. …COMPLAINANT (BY SRI KEMPEGOWDA N – ADVOCATE FOR SRI. SOMASHEKARA K M - ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE ROOM NO 505, 5TH FLOOR GATE 3, M S BUILDING B R DR AMBEDKAR VEEDHI BENGALURU 560001 REPRESENTYED BY ITS PRINCIPAL SECRETARY. . . . PROFORMA RESPONDENT 2. SRINIVAS H TAHASILDAR BENGALURU SOUTH TALUK BENGALURU 560001. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5935-DB CCC No. 1046 of 2023 3. SACHIN N S ASSISTANT DIRECTOR OF LAND RECORDS BENGALURU SOUTH TALUK BENGALURU 560001 …ACCUSED (BY SMT. NAMITHA MAHESH B G – AGA) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE OF CIVIL CONTEMPT AGAINST THE ACCUSED NO.2 AND 3 FOR DISOBEDIENCE AND NOT IMPLEMENTING THE ORDER PASSED BY THIS HON’BLE COURT IN W.P.NO.4596/2023 (KLR-RES) DATED 29.03.2023 VIDE ANNEXURE-C AND PUNISH THE ACCUSED NO.2 AND 3. THIS CCC, 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 has been initiated by the complainant in view of non-compliance of the order dated - 3 - NC: 2025:KHC:5935-DB CCC No. 1046 of 2023 29.03.2023 passed by a learned Single Judge of this Court in W.P.No.4596/2023. 2. By the said order the learned Single Judge had directed the Tahsildar, Bangalore South Taluk to consider the representation of the petitioner for phodi and durasth work of the land in Sy.No.153/1 measuring 3 acres 20 guntas situated at Thavarekere Village, Thavarekere Hobli. 3. Learned counsel Shri Somashekara K.M. who is on record for the complainant is represented by the learned counsel Kempegowda N. The learned AGA who is present before Court submits that the order of the learned Single Judge has already been complied with and in this regard, compliance affidavit is filed in this matter on 14.02.2024 and 19.06.2024. The compliance affidavit dated 19.06.2024 containing paragraph Nos.1 to 10 states that the respondents in compliance have issued an endorsement at Annexure-“R1”. The said compliance affidavit is taken on record. 4. Further, the learned AGA has filed a memo dated 30.01.2025 producing an endorsement which has been issued on 13.07.2023 by the Special Tahsildar, Bangalore South Taluk - 4 - NC: 2025:KHC:5935-DB CCC No. 1046 of 2023 in compliance of the order of the learned Single Judge. Therefore, keeping in view the endorsement and memo of compliance filed by the learned AGA, we are of the view that this contempt petition would not survive for consideration any further. Hence, the contempt petition is hereby dropped. 5. However, the complainant is granted liberty to proceed further, in accordance with law. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE KS