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2025 DAILYLAW 35067 (KAR)

SRI B N DEVARAJA BABU v. SRI ANIL KUMAR

CCC/1185/2024 · 2025-01-31

T G Shivashankare Gowda

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Judgment text

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- 1 - NC: 2025:KHC:4427-DB CCC No. 1185 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA CCC NO. 1185 OF 2024 (CIVIL) BETWEEN: 1. SRI B.N. DEVARAJA BABU S/O. LATE DODDA NARASIMHAIAH AGED ABOUT 55 YEARS PRESENTLY RESIDING AT NO.355 "MATHRU NIVAS", KAKOLU ROAD BEHIND KARNATAKA GRAMINA BANK RAJANUKUNTE, BANGALORE-560064 …COMPLAINANT (BY SRI SRINIVASA K., ADVOCATE) AND: 1. SRI ANIL KUMAR THE TAHSILDAR CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT-562101 …ACCUSED 2. GOVERNMENT OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:4427-DB CCC No. 1185 of 2024 REVENUE DEPARTMENT M S BUILDING BANGALORE-560001 ... PROFORMA RESPONDENT (BY SRI S.H. RAGHAVENDRA, 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 INITIATE CONTEMPT OF COURT PROCEEDINGS BY SECURING THE APPEARANCE OF THE ACCUSED AND TAKE NECESSARY ACTION AGAINST THE ACCUSED FOR INTENTIONALLY AND DELIBERATELY DISOBEYING THE ORDERS PASSED BY THIS COURT IN W.P.NO.21509/2022 DATED 08.02.2023 VIDE ANNEXURE-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA - 3 - NC: 2025:KHC:4427-DB CCC No. 1185 of 2024 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The following direction in the order dated 08.02.2023 of learned Single Judge while allowing the petition in part, are made subject matter of contempt jurisdiction, "The matter is remitted back to the hands of the Tahsildar to pass appropriate orders, in terms of the procedure stipulated under Section 4A of the Act, bearing in mind the observations made in the course of the order, as also the judgment of the Apex Court on the issue with particular reference to judgment of Apex Court in the case of MADHURI PATIL Vs. COMMR., TRIBAL DEVELOPMENT, (1994) 6 SCC 241." 2. On bare reading of the aforesaid observations, it could be seen that learned Single Judge has not prescribed any time limit for the purpose of compliance. 3. In that view, it is not possible to conclude at this stage that any of the respondents have committed contempt much less willful contempt of the Court. - 4 - NC: 2025:KHC:4427-DB CCC No. 1185 of 2024 4. However, at the same time, the directions of the Court should not go uncomplied with. Therefore, it is provided that the directions of learned Single Judge shall be acted upon and complied with by the authority concerned within a period of six weeks from today. 5. With the aforesaid observations, the contempt petition is not entertained and stands disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (T.G. SHIVASHANKARE GOWDA) JUDGE CR List No.: 1 Sl No.: 2