- 1 - HC-KAR NC: 2025:KHC:19086-DB CCC No.1271/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO.1271/2023 BETWEEN: K.M. NAGARAJ S/O MUNIVENKATAPPA AGED ABOUT 65 YEARS OCC: AGRICULTURE KETHAGANAHALLI VILLAGE KASABA HOBLI SRINIVASAPURA TALUK KOLAR DISTRICT-563 135. …COMPLAINANT (BY SRI. S.P. KULKARNI, SR. COUNSEL FOR SRI. VASANTHA KUMAR K.M. ADV.,) AND: 1. SRI. ANIL KUMAR C.N. AGED ABOUT 50 YEARS FORESTER, SRINIVASAPURA TALUK KOLAR DISTRICT-563 135. 2. MAHESH .K AGED ABOUT 52 YEARS RANGE FOREST OFFICER SRINIVASAPURA TALUK KOLAR DISTRICT-563 135. 3. M.V. KRISHNAMURTHY FOREST GUARD AGED ABOUT 53 YEARS Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:19086-DB CCC No.1271/2023 SRINIVASAPURA TALUK KOLAR DISTRICT-563 135. 4. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF FOREST VIDHANA SOUDHA BENGALURU - 560001. …ACCUSED (BY SRI. PRADEEP C.S. AAG A/W SMT. NAMITHA MAHESH B.G. AGA FOR A1 TO A3 AND FOR PROFORMA RESPONDENT NO.4) - - - THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT ACTION AGAINST THE ACCUSED/RESPONDENTS HEREIN FOR THE WILLFUL AND INTENTIONAL ACT OF CONTEMPT OF THIS HON'BLE COURT FOR HAVING VIOLATED AND HAVING NOT COMPLIED WITH THE DIRECTION IN THE INTERIM ORDER DTD:11.09.2023 MADE IN W.P.NO.20247/2023 (GM-FOR) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT (ANNEXURE-A) AND ALSO TO PUNISH THE ACCUSED/RESPONDENT HEREIN FOR THE DISOBEDIENCE OF THE SAID ORDER IN TERMS OF THE PROVISIONS OF THE CONTEMPT OF COURTS ACT, 1971 AFTER HOLDING THE ENQUIRY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:19086-DB CCC No.1271/2023 ORAL ORDER (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This contempt petition is filed alleging wilful disobedience of the interim order dated 11.09.2023 passed by the learned Single Judge in W.P.No.20247/2023. 2. Heard. 3. Sri.S.P.Kulkarni, learned Senior counsel appearing for the complainant submits that the respondent-accused high- handedly, in violation of the interim order dated 11.09.2023 passed in the aforesaid petition, have dispossessed the complainant at midnight and destroyed the standing trees and crops. It is submitted that in the earlier round of litigation, this Court in W.P.No.12966/2014 has categorically granted liberty to the Forest Department to conduct fresh survey to identify and demarcate the approximate area of 4060 acres which was notified as Srinivasapura State Forest under notification dated 28.07.2010 and without doing such exercise, the Forest Officers have trespassed into the property of the complainant. Hence, he seeks to initiate appropriate proceedings and seeks to punish the respondents. - 4 - HC-KAR NC: 2025:KHC:19086-DB CCC No.1271/2023 4. Per contra, learned Additional Government Advocate appearing for the State submits that the jurisdictional Deputy Conservator of Forest has filed affidavit dated 23.11.2024. At paragraphs 11 and 12 of the said affidavit, a categorical statement has been made that the complainant has been evicted from the encroached portion on 27.08.2023 by drawing mahazar. In support of his contention, he takes us to Document No.5-mahazar dated 27.08.2023 and submits that there is no violation of the interim order as the interim order was granted by the learned Single Judge much later on 11.09.2023. He seeks to dismiss the petition. 5. We have perused the order of the learned Single Judge dated 11.09.2023. The operative portion of the order reads as under: "Consequently, the respondent authorities, more particularly, the forest officials are hereby directed not to dispossess the petitioner, not to disturb the peaceful possession and not to enter upon the land in question, till the next date of hearing." 6. The aforesaid order of the learned Single Judge makes it clear that the respondent-authorities are restrained - 5 - HC-KAR NC: 2025:KHC:19086-DB CCC No.1271/2023 from dispossessing the petitioner and directed not to disturb the peaceful possession and not to enter upon the land in question. The aforesaid order is passed on 11.09.2023. However, the record placed by the accused clearly demonstrates that after the order of the earlier round of litigation, the authorities have dispossessed the complainant on 27.08.2023 which was much prior to the order of the learned Single Judge. Hence, we do not find wilful disobedience on the part of the accused and ground to proceed in this contempt proceedings. 7. Learned Senior counsel for the complainant raised various contentions with regard to the conduct of the accused and high-handed act of the respondent-officials. We are not inclined to record any finding on such contentions in view of the fact that the matter is yet to be adjudicated by the learned Single Judge. 8. In view of the aforesaid observations, contempt proceedings are dropped. We make it clear that we have not expressed any opinion on the merits of the case. All such - 6 - HC-KAR NC: 2025:KHC:19086-DB CCC No.1271/2023 contentions regarding merits of case before learned Single Judge are kept open. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 51