- 1 - NC: 2025:KHC-D:3685-DB CCC No. 100369 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH 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. 100369 OF 2024 BETWEEN: SHRI RAJAN S/O DILIPKUMAR SEJPAL AGE. 42 YEARS, OCC. PRIVATE JOB, R/AT. #27, ASHOK VAN, GOKUL ROAD, HUBBALLI-580030. NOW R/AT. 10, SHEATHER PLACE, MOOREBANK NSW 2170, AUSTRALIA NOW REP BY ITS GPA HOLDER: SHRI DILIP @ DILIPKUMAR S/O KAKUBHAI SEJPAL AGE. 72 YEARS, OCC. BUSINESS, R/AT. #160, RAGHUKUL, LAXMI LAYOUT, GOKUL ROAD, HUBBALLI-580032. …COMPLAINANT (BY SRI. ZANZA JOSHI, ADVOCATE FOR SRI. GOURI SHANKAR MOT, ADVOCATE) AND: 1. SMT. DEEPA M. IAS THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT URBAN DEVELOPMENT AUTHORITY, AMBEDKAR VEEDHI, BENGALURU-560001. 2. SRI RAJENDRA KUMAR KATARIA, IAS THE SECRETARY, THE DEPARTMENT OF REVENUE, AMBEDKAR VEEDHI, BENGALURU-560001. 3. DR. SANTOSHKUMAR BIRADAR THE HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, (HDUDA) REPRESENTED BY ITS COMMISSIONER Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3685-DB CCC No. 100369 of 2024 OFFICE AT. NAVANAGAR, HUBBALLI-580 001. 4. SHRI SATISHKUMAR THE ASSISTANT DIRECTOR OF LAND RECORDS (ADLR) CITY SURVEY DEPARTMENT, MINI VIDHAANA SOUDHA, HUBBALLI-580008. 5. SHRI ANILKUMAR JALGAR THE ASSISTANT DIRECTOR OF LAND REVENUE RECORDS, MINI VIDHANA SOUDHA, HUBBALLI-580008. 6. SRI CHANDRASHEKAR MALIPATIL THE ASSISTANT COMMISSIONER, HUBBALLI DHARWAD MUNICIPAL CORPORATION (HDMC), ZONAL NO.7, HUBBALLI-580020, DIST. DHARWAD. …ACCUSED 7. STATE OF KARNATAKA AG OFFICE …PROFORMA RESPONDENT (BY SRI. B. SHARANABASAVA, ADVOCATE FOR A3; SRI. G.I. GACHCHINAMATH, ADVOCATE FOR A6; SRI. PRAVEEN K. UPPAR, AGA FOR A1,A2,A4,A5 & PROFORMA RESPONDENT) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO, INITIATE THE PROCEEDINGS AGAINST THE RESPONDENT NO.1 TO 6/ACCUSED NO.1 TO 6 AND PASS APPROPRIATE ORDER UNDER THE PROVISIONS OF CONTEMPT OF COURT ACT FOR DISOBEYING THE ORDER DATED 18/04/2024 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.102197/2024 (LB-RES) VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE. THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:3685-DB CCC No. 100369 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The complainant asserts ownership of land measuring 2400 square feet in Sy. No.93A of Krishnapura Village, Hubballi Dharwad, and the complainant’s writ petition in W.P. No.102197/2024 is disposed of by the writ Court vide order dated 18.04.2024 with directions that read as under. In view of above, since only relief sought is for writ of mandamus and there is no dispute about petitioner having made representation and same remaining without consideration writ petition is disposed of directing respondents to consider petitioner’s representations in accordance with law within a period of three months from date of receipt of certified copy of this order. Needless to state that result of consideration shall be informed to petitioner.” The respondents with the service of notice of this complaint have filed their respective counter affidavits, and in fact, on behalf of the office of the Assistant Director of Land Revenue - 4 - NC: 2025:KHC-D:3685-DB CCC No. 100369 of 2024 Records, Hubballi [the fifth respondent] a sketch with remarks is produced. 2. Sri. Gouri Shankar Mot and Sri. Zanza Joshi, the learned counsels for the complainant, Sri. G.I. Gachchinamath, the learned counsel for the Hubballi- Dharwad Municipal Corporation, and Sri. Praveen K. Uppar, the learned Additional Government Advocate for the other respondents, are heard in the light of these affidavits and the sketch. Sri. G.I. Gachchinamath emphasizes that [a] the total extent of land in Sy. No.93/A of Krishnapura Village is 13 acres and more; [b] out of this total extent, an extent of 2 acres 20 guntas is handed over to the Karnataka Slum Clearance Board way back in the year 2020; [c] whether the land claimed by the complainant is part of this extent of 2 acres 20 guntas or the remaining larger extent is a matter that will have to be clarified by the office of the fifth respondent. 3. Sri. Praveen K. Uppar, relying upon the terms of the Endorsement dated 07.08.2024, submits that the - 5 - NC: 2025:KHC-D:3685-DB CCC No. 100369 of 2024 complainant’s representation is considered but the remaining work is not undertaken because though the Record of Rights shows the complainant’s name, there is no corresponding entry on the extent, and therefore, the complainant has been asked to approach the office of the revenue authorities and get the entry on the extent made in the record of rights. When queried, Sri. Praveen K. Uppar submits that the sketch produced shows that the property claimed by the petitioner is identified by the letters ABCD and that this portion includes about 437.50 square feet of area built up by the Karnataka Slum Clearance Board. 4. However, Sri. Praveen K. Uppar is also not in a position to clarify whether this area marked as ABCD with the encroachment is part of either 2 acres 20 guntas made over to the Karnataka Slum Clearance Board or otherwise. The sketch and the legends filed in compliance read as under: - 6 - NC: 2025:KHC-D:3685-DB CCC No. 100369 of 2024 Note: The portion in Blue in picture No. 1 is the construction by the Karnataka Slum Clearance Board, and as per the remarks in picture No. 2, this construction measures 437.50 square feet. 5. Sri. Gourishankar H. Mot and Sri. Zanza Joshi, are heard in the light of these submissions. This Court must observe that there is a consideration of the complainant’s - 7 - NC: 2025:KHC-D:3685-DB CCC No. 100369 of 2024 representation, and the outcome is that the Karnataka Slum Clearance Board has constructed a building occupying an extent of 437.50 square feet in the land claimed by the complainant. M/s. Karnataka Slum Clearance Board is not a party to the present proceedings and with certain questions looming, which are essentially questions in fact, the complainant must avail remedy as would be permissible in law. 6. With liberty as regards the above, the complaint is closed. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 14