- 1 - NC: 2025:KHC-D:2741-DB CCC No. 100127 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CIVIL CONTEMPT PETITION NO. 100127 OF 2023 BETWEEN: SRI. FAKHRUDDIN (ALIAS) S. KHAN S/O MEHABOOB SAB AGE. 54 YEARS, R/O. KHAN WATCH WORKS, NO.70/15, 16TH WARD, BENGALURU ROAD, BALLARI 583101. …COMPLAINANT (BY SRI. SABEEL AHMED, ADVOCATE) AND: SRI. PAWAN KUMAR MALPATI, IAS, DEPUTY COMMISSIONER, D.C. OFFICE, BALLARI 583101. …ACCUSED (BY SRI. PRAVEEN K. UPPAR, AGA FOR SOLE ACCUSED) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PRAYING TO PUNISH THE ACCUSED HEREIN FOR DISOBEYING THE ORDER DATED 17-08-2021 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN WP NO.845/2008 (LB-RES), AS PER ANNEXURE-B & ETC., Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2741-DB CCC No. 100127 of 2023 THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The complainant in W.P. No.845/2008 has successfully called in question the recommendation for allotment of sites under “Ashraya Scheme” in T.S. No.156 within the Ballari city limits, and he has also successfully impugned certain Hakku Pathras issued to third parties. The W.P. No.845/2008 is disposed of on 17.08.2021. However, the writ Court has directed the authorities to consider the complainant’s representation for grant of a site as it is stated that the proposed Ashraya Scheme cannot be implemented. The respondents, in terms of this direction, had to consider the complainant’s representation within six months from the date of receipt of this order. - 3 - NC: 2025:KHC-D:2741-DB CCC No. 100127 of 2023 2. At this stage, this Court must record that the complainant’s representation is for allotment of a site measuring 4500 square feet in T.S. No.156 within Ballari limits. After the writ Court’s order certain proceedings, as detailed in the affidavit filed today to report compliance, are conducted and the outcome is the Endorsement dated 29/31.12.2021. The Commissioner, Ballari Mahanagara Palike has informed the complainant that his request for allotment of 4500 square feet in the particular T.S. number cannot be considered, but he would be allotted a site measuring 20 X 30 feet [600 square feet] under the Central Government’s Pradhan Mantri Awas Yojana, affordable housing in partnership. 3. Sri. Sabeel Ahmed, the learned counsel for the complainant, submits that this Endorsement should not be accepted and that proceedings must be continued to frame charges against the respondents for deliberate disobedience asserting that the complainant must be granted if not 4500 square feet at least 600 square feet in T.S. No.156 within the Ballari limits. The learned counsel - 4 - NC: 2025:KHC-D:2741-DB CCC No. 100127 of 2023 proposes to rely upon Rule 18A of the Karnataka Land Grant Rules, 1969 to support his contention. 4. This Court must observe that this Rule contemplates the Deputy Commissioner making available land belonging to the State Government for allotment of five sites to site less persons under any scheme that is formed by the Government from time to time and for issuance of Hakku Pathras by the concerned Tahsildar upon identification of the beneficiaries by a committee. This Court is of the view that if there is no particular scheme that is implemented for the property in T.S. No.156 within Ballari limits, the complainant cannot insist on a site in such land and therefore, there is no reason for continuing the proceedings. As such, the following: - ORDER The complaint is closed but without prejudice to the complainant to seek Hakku Pathras for the site as is mentioned in the Endorsement dated 29/31.12.2021 directing the - 5 - NC: 2025:KHC-D:2741-DB CCC No. 100127 of 2023 Commissioner, Ballari City Corporation to issue Hakku Pathras if the petitioner applies within four weeks from the date of receipt of a certified copy of this order. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 8