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2025 DAILYLAW 34213 (KAR)

SRI.P.R CHENNA REDDY v. SRI. BASAVARAJU.I.E

CCC/1107/2023 · 2025-02-12

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:6540-DB CCC No. 1107 of 2023 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.1107 OF 2023 BETWEEN: SRI P. R. CHENNA REDDY S/O. P. VEERA REDDY AGED ABOUT 65 YEARS R/AT 2A, THOMAS MANOR NO.88, RICHMOND ROAD BENGALURU - 560 025. …COMPLAINANT (BY SRI VINAYAKA V. KADAGI, ADVOCATE FOR SRI SHIVAPRASAD SHANTANA GOUDAR, ADVOCATE) AND: 1. SRI BASAVARAJU I. E. THE TAHSILDAR HUNASURU TALUK MYSURU DISTRICT - 571 105. 2. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY. …ACCUSED (BY SMT. NAMITHA MAHESH B.G., A.G.A., FOR A-1 & A-2 PROFORMA) * * * THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971, BY THE COMPLAINANT, WHERE IN HE PRAYS TO TRY THE ACCUSED FOR CONTEMPT OF COURT UNDER Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6540-DB CCC No. 1107 of 2023 SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT FOR WILLFUL AND DELIBERATE DISOBEDIENCE OF THE DIRECTION ISSUED BY THIS HON'BLE COURT, PARTICULARLY AT PARAGRAPH NO.4 OF THE ORDER DATED 09.02.2023 PASSED IN W.P. NO.3132/2023 (ANNEXURE - A) 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 proceedings has been initiated by the complainant against the respondents/accused in respect of order dated 09.02.2023 passed by this Court in W.P.No.3132/2023 (KLR-RES) vide Annexure-A. 2. Sri. Vinayaka V Kadagi representing Sri. Shivaraprasad Shantana Guodar, learned counsel appearing for the complainant and Smt. Namitha Mahesh B. G., learned Addl. Government Advocate appearing for proforma respondent/accused are present before the Court physically. 3. Learned Addl. Government Advocate submit the compliance affidavit dated 07.06.2024 filed by Dr. Nayana M., Tahsildar, Hunsur Taluk, Mysore District and the additional - 3 - NC: 2025:KHC:6540-DB CCC No. 1107 of 2023 compliance affidavit dated 07.02.2025 filed by Sri. Manjunath, Tahsildar, Hunsur Taluk, Mysore District. 4. Paragraph Nos.3, 4 and 5 of the additional affidavit dated 07.02.2025 read as under: "3. I respectfully submit that in compliance of the above directions, the entry recorded in Column No.10 in MRT.1/2012-13 dated 01.09.2012 has been removed, however, the exact physical extent available, i.e., 1 Acre 26 Guntas is shown in Column No.9 of the RTC 2015-2016 is herewith produced as ANNEXURE-R1. 4. I submit that it was directed to show the full extent of land, which was purchased by the petitioner in the Sale Deed dated 10.09.2001. However, the Sale Deed has been executed without authority to an extent of 2 Acres and that there is no provision to enter the extent as mentioned in the Sale Deed, but the total extent, i.e., available and in the occupation of the vendor of this complainant. Accordingly, the same has been complied to that effect. Copy of the RTC of 2024-2025 is herewith produced and marked as ANNEXURE-R2. 5. I respectfully submitted that even in the grant record, the complainant predecessor was granted only 1 Acre 26 Guntas and the question of - 4 - NC: 2025:KHC:6540-DB CCC No. 1107 of 2023 alienating 2 Acres does not arise and if this Complaint has any other grievance that shall lie only against his predecessor in title and that he is free to adjudicate before the proper forum and seek relief. The copy of the Akarband is herewith produced as ANNEXURE-R3. The extent of land shown in Sy.No.20 of Ankanahalli Village as per akarband is only 1 acre 26 guntas." 5. Keeping in view the compliance affidavit and additional compliance affidavit, it is deemed appropriate that this contempt proceedings does not survive for consideration. 6. Accordingly, the contempt proceedings is hereby dropped. 7. At this stage, the learned counsel for the complainant seeks for liberty to approach this Court, if need arises. Liberty, as sought for, is granted. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM/List No.: 1 Sl No.: 13