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High Court of Karnataka · body

2025 DAILYLAW 35680 (KAR)

K R RAJANNA v. SMT. SUBHA KALYAN, I.A.S.,

CCC/1276/2023 · 2025-03-04

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10522-DB CCC No.1276 of 2023 C/W CCC No.1277 of 2023 CCC No.1278 of 2023 CCC No.1279 of 2023 CCC No.1280 of 2023 CCC No.1281 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.1276 OF 2023 CONNECTED WITH CIVIL CONTEMPT PETITION NO.1277 OF 2023 CIVIL CONTEMPT PETITION NO.1278 OF 2023 CIVIL CONTEMPT PETITION NO.1279 OF 2023 CIVIL CONTEMPT PETITION NO.1280 OF 2023 CIVIL CONTEMPT PETITION NO.1281 OF 2023 IN CCC No.1276/2023: BETWEEN: K.R. RAJANNA S/O. LATE NANJAIAH @ RAMAIAH AGED ABOUT 46 YEARS PERMANENTLY RESIDENT OF KENKERE VILLAGE HULIYURDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT-572 123. …COMPLAINANT (BY SRI SUNIL KUMAR PATEL, ADVOCATE) AND: 1. SMT. SUBHA KALYAN, I.A.S. THE DEPUTY COMMISSIONER TUMAKURU D. C. OFFICE MINI VIDHANA SOUDHA TUMAKURU 572 101. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:10522-DB CCC No.1276 of 2023 C/W CCC No.1277 of 2023 CCC No.1278 of 2023 CCC No.1279 of 2023 CCC No.1280 of 2023 CCC No.1281 of 2023 2. SRI GOWRAV KUMAR SHETTY, K.A.S. THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION MINI VIDHANA SOUDHA TUMAKURU-572 101. 3. STATE OF KARNATAKA BY PRINCIPAL SECRETARY TO REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. …ACCUSED (BY SMT. NAMITHA MAHESH B.G., A.G.A.) * * * THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH RULE 5 OF THE HIGH COURT OF KARNATAKA (COURT CONTEMPT PROCEEDINGS) RULES, 1981, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER OF THE HON'BLE HIGH COURT OF KARNATAKA, PASSED IN WRIT PETITION NO.8528 OF 2022 (KLR-RES) DATED 17-8-2022 VIDE ANNEXURE-A. IN CCC NO.1277/2023 BETWEEN: RAMAIAH S/O. LATE THIMMAIAH @ KODIYALAIAH AGED ABOUT 63 YEARS PERMANENT RESIDENT OF KENEKERE VILLAGE HULIYURDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT-572 123. ...COMPLAINANT (BY SRI SUNIL KUMAR PATEL, ADVOCATE) - 3 - NC: 2025:KHC:10522-DB CCC No.1276 of 2023 C/W CCC No.1277 of 2023 CCC No.1278 of 2023 CCC No.1279 of 2023 CCC No.1280 of 2023 CCC No.1281 of 2023 AND: 1. SMT. SUBHA KALYAN, I.A.S. THE DEPUTY COMMISSIONER TUMAKURU D. C. OFFICE MINI VIDHANA SOUDHA TUMAKURU 572 101. 2. SRI GOWRAV KUMAR SHETTY, K.A.S. THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION MINI VIDHANA SOUDHA TUMAKURU-572 101. 3. STATE OF KARNATAKA BY PRINCIPAL SECRETARY TO REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. …ACCUSED (BY SMT. NAMITHA MAHESH B.G., A.G.A.) * * * THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH RULE 5 OF THE HIGH COURT OF KARNATAKA (COURT CONTEMPT PROCEEDINGS) RULES, 1981, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER OF THE HON'BLE HIGH COURT OF KARNATAKA, PASSED IN WRIT PETITION NO.8539 OF 2022 (KLR-LG) DATED 17-8-2022 VIDE ANNEXURE-A. - 4 - NC: 2025:KHC:10522-DB CCC No.1276 of 2023 C/W CCC No.1277 of 2023 CCC No.1278 of 2023 CCC No.1279 of 2023 CCC No.1280 of 2023 CCC No.1281 of 2023 IN CCC NO.1278/2023: BETWEEN: THIMMAIAH S/O. LATE NEELAIAH (LATE. NELLAIAH S/O. DEVARAHATTI RAGHUVAIAH) AGED ABOUT 71 YEARS PERMANENT RESIDENT OF KENKERE VILLAGE HULIYURDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT-572 123. ...COMPLAINANT (BY SRI SUNIL KUMAR PATEL, ADVOCATE) AND: 1. SMT. SUBHA KALYAN, I.A.S. THE DEPUTY COMMISSIONER TUMAKURU D. C. OFFICE MINI VIDHANA SOUDHA TUMAKURU 572 101. 2. SRI GOWRAV KUMAR SHETTY, K.A.S. THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION MINI VIDHANA SOUDHA TUMAKURU-572 101. 3. STATE OF KARNATAKA BY PRINCIPAL SECRETARY TO REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. …ACCUSED (BY SMT. NAMITHA MAHESH B.G., A.G.A.) * * * - 5 - NC: 2025:KHC:10522-DB CCC No.1276 of 2023 C/W CCC No.1277 of 2023 CCC No.1278 of 2023 CCC No.1279 of 2023 CCC No.1280 of 2023 CCC No.1281 of 2023 THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH RULE 5 OF THE HIGH COURT OF KARNATAKA (COURT CONTEMPT PROCEEDINGS) RULES, 1981, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER OF THE HON'BLE HIGH COURT OF KARNATAKA, PASSED IN WRIT PETITION NO.8505 OF 2022 (KLR-RES) DATED 17-8-2022 VIDE ANNEXURE-A. IN CCC NO.1279/2023: BETWEEN: CHALUVAIAH S/O. LATE THIMMAIAH AGED ABOUT 63 YEARS PERMANENT RESIDENT OF KENKERE VILLAGE HULIYURDURGA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT-572 123. ...COMPLAINANT (BY SRI SUNIL KUMAR PATEL, ADVOCATE) AND: 1. SMT. SUBHA KALYAN, I.A.S. THE DEPUTY COMMISSIONER TUMAKURU D. C. OFFICE MINI VIDHANA SOUDHA TUMAKURU 572 101. 2. SRI GOWRAV KUMAR SHETTY, K.A.S. THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION MINI VIDHANA SOUDHA TUMAKURU-572 101. 3. STATE OF KARNATAKA BY PRINCIPAL SECRETARY TO REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. …ACCUSED (BY SMT. NAMITHA MAHESH B.G., A.G.A.) * * * - 6 - NC: 2025:KHC:10522-DB CCC No.1276 of 2023 C/W CCC No.1277 of 2023 CCC No.1278 of 2023 CCC No.1279 of 2023 CCC No.1280 of 2023 CCC No.1281 of 2023 THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH RULE 5 OF THE HIGH COURT OF KARNATAKA (COURT CONTEMPT PROCEEDINGS) RULES, 1981, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER OF THE HON'BLE HIGH COURT OF KARNATAKA, PASSED IN WRIT PETITION NO.8556 OF 2022 (KLR-RES) DATED 6-6-2022 VIDE ANNEXURE-A. IN CCC NO.1280/2023: BETWEEN: K.T. PRAKASH S/O. LATE THIMMAIAH @ KULLAIAH AGED ABOUT 43 YEARS PERMANENT RESIDENT OF KENEKERE VILLAGE HULIYURDURGA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT-572 123. ...COMPLAINANT (BY SRI SUNIL KUMAR PATEL, ADVOCATE) AND: 1. SMT. SUBHA KALYAN, I.A.S. THE DEPUTY COMMISSIONER TUMAKURU D. C. OFFICE MINI VIDHANA SOUDHA TUMAKURU 572 101. 2. SRI GOWRAV KUMAR SHETTY, K.A.S. THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION MINI VIDHANA SOUDHA TUMAKURU-572 101. 3. STATE OF KARNATAKA BY PRINCIPAL SECRETARY TO REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. …ACCUSED (BY SMT. NAMITHA MAHESH B.G., A.G.A.) * * * - 7 - NC: 2025:KHC:10522-DB CCC No.1276 of 2023 C/W CCC No.1277 of 2023 CCC No.1278 of 2023 CCC No.1279 of 2023 CCC No.1280 of 2023 CCC No.1281 of 2023 THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH RULE 5 OF THE HIGH COURT OF KARNATAKA (COURT CONTEMPT PROCEEDINGS) RULES, 1981, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER OF THE HON'BLE HIGH COURT OF KARNATAKA, PASSED IN WRIT PETITION NO.8586 OF 2022 (KLR-RES) DATED 6-6-2022 VIDE ANNEXURE-A. IN CCC NO.1281/2023: BETWEEN: MAHESH S/O. LATE CHIKKANNA AGED ABOUT 46 YEARS PERMANENT RESIDENT OF KENKERE VILLAGE HULIYURUDURGA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT-572 123. ...COMPLAINANT (BY SRI SUNIL KUMAR PATEL, ADVOCATE) AND: 1. SMT. SUBHA KALYAN, I.A.S. THE DEPUTY COMMISSIONER TUMAKURU D. C. OFFICE MINI VIDHANA SOUDHA TUMAKURU 572 101. 2. SRI GOWRAV KUMAR SHETTY, K.A.S. THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION MINI VIDHANA SOUDHA TUMAKURU-572 101. 3. STATE OF KARNATAKA BY PRINCIPAL SECRETARY TO REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. …ACCUSED (BY SMT. NAMITHA MAHESH B.G., A.G.A.) * * * - 8 - NC: 2025:KHC:10522-DB CCC No.1276 of 2023 C/W CCC No.1277 of 2023 CCC No.1278 of 2023 CCC No.1279 of 2023 CCC No.1280 of 2023 CCC No.1281 of 2023 THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH RULE 5 OF THE HIGH COURT OF KARNATAKA (COURT CONTEMPT PROCEEDINGS) RULES, 1981, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER OF THE HON'BLE HIGH COURT OF KARNATAKA, PASSED IN WRIT PETITION NO.8472 OF 2022 (KLR-RES) DATED 17-8-2022 VIDE ANNEXURE-A. THESE CIVIL CONTEMPT PETITIONS ARE 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) These contempt petitions are initiated against the accused for non-compliance of the order dated 17-8-2022 and 6-6-2022 passed in Writ Petition Nos.8528 of 2022 (KLR-RES), 8539 of 2022 (KLR-LG), 8505 of 2022 (KLR-RES), 8556 of 2022 (KLR-RES), 8586 of 2022 (KLR-RES) and 8472 of 2022 (KLR-RES), wherein the learned Single Judge, in aforesaid writ petitions, permitted the complainant/petitioner therein to file an additional representation reiterating the request with supporting documents, and on such representation being made, respondent Nos.2 and 3 shall consider the same and pass - 9 - NC: 2025:KHC:10522-DB CCC No.1276 of 2023 C/W CCC No.1277 of 2023 CCC No.1278 of 2023 CCC No.1279 of 2023 CCC No.1280 of 2023 CCC No.1281 of 2023 appropriate orders in accordance with law within a period of three months from the date of receipt of a certified copy of that order. 2. Sri Sunil Kumar Patel, learned counsel for the complainant, is physically present and submits that, the accused have not complied with the order passed by the learned Single Judge. 3. Smt. Namitha Mahesh, learned Additional Government Advocate for accused Nos.1 to 3, presses into service for consideration of affidavit dated 2-7-2024 along with Annexures-R1 to 14 and affidavit dated 18-2-2025 along with document Nos.1 to 11 filed in Civil Contempt Petition No.1276 of 2023 (which is applicable to all cases). 4. Learned counsel for the complainant refers to the previous order-sheet dated 20-1-2025 of this Court, whereby direction was issued to the learned Additional Government Advocate to secure the specific report related to the award - 10 - NC: 2025:KHC:10522-DB CCC No.1276 of 2023 C/W CCC No.1277 of 2023 CCC No.1278 of 2023 CCC No.1279 of 2023 CCC No.1280 of 2023 CCC No.1281 of 2023 passed by the concerned Authorities and action taken for disbursement of the award. 5. Learned Additional Government Advocate refers to paragraph Nos.3 to 8 of the affidavit dated 18-2-2025 filed by accused No.2, Sri Gowrav Kumar Shetty, Assistant Commissioner, Tumakuru, which reads as under: "3. I state that I had filed an affidavit dated 02.07.2024 in the above contempt proceedings. The statements made in the said affidavit may be read as part and parcel of this affidavit. 4. I state that in the said affidavit, considering the additional representations dated 29.09.2022, filed by the Complainant, I had issued an endorsement dated 20.03.2024 produced at Annexure R12, stating that the request for grant of land as sought for in the representations dated 29.09.2022, cannot be considered since, the said lands are forest lands. 5. I further state that this Hon'ble court on 20.01.2025 had directed the learned Additional Advocate General to secure specific report related to the award passed by the concerned Authorities and action taken for disbursement of the award. I state that efforts are being made to secure the said details and since, considerable time has lapsed, securing of the said information is - 11 - NC: 2025:KHC:10522-DB CCC No.1276 of 2023 C/W CCC No.1277 of 2023 CCC No.1278 of 2023 CCC No.1279 of 2023 CCC No.1280 of 2023 CCC No.1281 of 2023 taking sometime. I state moreover that the Complainant had kept quiet for more than 6 decades. And accordingly, this Hon'ble Court may grant some more time to furnish the same. 6. I state that apart from securing the aforesaid details, efforts were made to identify available lands in all Taluks of Tumkuru District, so as to bring it to the notice of the State Government. I state that with respect to the same, the Deputy Commissioner had written a letter dated 24.01.2025 to all the Taluks of Tumkuru District seeking information regarding availability of land. The said letter is herewith produced as Document No.1. 7. I state that subsequently, the Tahsildars of all the taluks in Tumkuru District have provided information with regard to the total extent of land available in respective Taluk. The report issued by the Tahsildars of respective Taluks is produced hereunder: a) A copy of the Letter dated 26.11.2024 issued by the Tahsildar of Kunigal Taluk is produced herewith as Document No.2. b) A copy of the Letter dated 12.02.2025 issued by the Tahsildar of Pavagada Taluk is produced herewith as Document No.3. c) A copy of the Letter dated 12.02.2025 issued by the Tahsildar of Gubbi Taluk is produced herewith as Document No.4. - 12 - NC: 2025:KHC:10522-DB CCC No.1276 of 2023 C/W CCC No.1277 of 2023 CCC No.1278 of 2023 CCC No.1279 of 2023 CCC No.1280 of 2023 CCC No.1281 of 2023 d) A copy of the Letter dated 12.02.2025 issued by the Tahsildar of Turuvekere Taluk is produced herewith as Document No.5. e) A copy of the Letter dated 12.02.2025 issued by the Tahsildar of Madhugiri Taluk is produced herewith as Document No.6. f). A copy of the Letter dated 12.02.2025 issued by the Tahsildar of Koratagere Taluk is produced herewith as Document No.7. g) A copy of the Letter dated 13.02.2025 issued by the Tahsildar of Sira Taluk is produced herewith as Document No.8. h) A copy of the Letter dated 13.02.2025 issued by the Tahsildar of Chikkanayakanahalli Taluk is produced herewith as Document No.9. i) A copy of the Letter dated 14.02.2025 issued by the Tahsildar of Tipaturu Taluk is produced herewith as Document No.10. j) A copy of the Letter dated 17.02.2025 issued by the Tahsildar of Tumakuru Taluk is produced herewith as Document No.11. 8. The said information discloses there is shortfall of land taking the livestock population into account. I state that the said reports issued by the respective Tahsildars are also being brought to the notice of the State Government." 6. Keeping in view the affidavit submitted by accused No.2, and in peculiar facts and circumstances of the case are concerned, it is deemed appropriate to refer the judgment rendered by the Hon'ble Apex Court in the case of - 13 - NC: 2025:KHC:10522-DB CCC No.1276 of 2023 C/W CCC No.1277 of 2023 CCC No.1278 of 2023 CCC No.1279 of 2023 CCC No.1280 of 2023 CCC No.1281 of 2023 S. TIRUPATHI RAO v. M. LINGAMAIAH AND OTHERS reported in 2024 SCC OnLine SC 1764, wherein at paragraph No.52, it has observed as under: "52. Therefore, it would be correct to state that the court's power when dealing with the question of contempt, in a sense, is discretionary. It cannot be gainsaid that even in cases where disobedience of the order of the court is not disputed, the court may also accept a defence, if raised, of impossibility to comply with an order and come to the conclusion that since it is impossible to enforce its order, action to punish may not be initiated. That apart, refusal may be justified by grave concerns of public policy. Much would depend on the facts and circumstances of the case, the nature of the contempt under enquiry, etc., which would enable the court to exercise its discretion either way. However, to demonstrate his bona fide, the contemnor ought to bring any valid defence for his disability to comply with the court's direction to its notice without wasting any time. Whatever be the position before it, nothing stands in the way of the high court from passing an order to ensure that nothing impedes the course of justice." - 14 - NC: 2025:KHC:10522-DB CCC No.1276 of 2023 C/W CCC No.1277 of 2023 CCC No.1278 of 2023 CCC No.1279 of 2023 CCC No.1280 of 2023 CCC No.1281 of 2023 7. Keeping in view the judgment of the Hon'ble Apex Court stated supra, so also the affidavit in detail filed by accused No.2, and more so, the provisions of Section 2(b) of the Contempt of Courts Act, 1971, these contempt petitions do not survive for consideration to take action against the accused. Consequently, these contempt petitions are hereby dropped. 8. At this stage, the learned counsel for the complainant seeks liberty to challenge the endorsement. Liberty, as sought for, is hereby granted in accordance with law. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 23