- 1 - NC: 2025:KHC-D:3804-DB CCC No. 100238 of 2024 C/W WA No. 100643 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH 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.100238 OF 2024 C/W WRIT APPEAL NO.100643 OF 2024 (KLR-RES) IN CIVIL CONTEMPT PETITION NO. 100238 OF 2024 BETWEEN: 1. RAMBHAU LAXMAN NESARIKAR, AGE: 58 YEARS, OCC. AGRICULTURE, R/O.NO.2052, KORE GALLI, SHAHAPUR, BELAGAVI 590003. 2. ASHOK LAXMAN NESARIKAR, AGE: 59 YEARS, OCC. AGRICULTURE, R/O.NO.2052, KORE GALLI, SHAHAPUR, BELAGAVI 590003. 3. RAANBA BABURAO NESARIKAR, AGE: 51 YEARS, OCC. AGRICULTURE, R/O.HATTIHOLI GALLI, SHAHAPUR, BELAGAVI 590003. 4. BHAVAKANNA BABURAO NESAIKAR, AGE: 50 YEARS, OCC. AGRICULTURE, R/O.NO.2333, HATTIHOLI GALLI, SHAHAPUR, BELAGAVI 590003. 5. SHOBHA SHIVAJI JADHAV, AGE: 48 YEARS, OCC. HOUSEHOOLD WORK, R/O.BHAVANI NAGAR, MANDOLI ROAD, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3804-DB CCC No. 100238 of 2024 C/W WA No. 100643 of 2024 BELAGAVI 590003. 6. LAXMI NAMADEV NAIK, AGE: 40 YEARS, OCC. HOUSEHOLD WORK, R/O.HATTIHOLI GALLI, SHAHAPUR, BELAGAVI 590003. -COMPLAINANTS (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. VIJAY KUMAR, THE DEPUTY DIRECTOR OF LAND RECORDS, BELAGAVI, DC COMPOUND, BELAGAVI 590001. 2. V.S. KULKARNI, ASSISTANT DIRECTOR OF LAND RECORDS, BELAGAVI AND CITY SURVEY OFFICE, CITY SURVEYOR OFFICER, DC COMPOUND, BELAGAVI 590001. -ACCUSED 3. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, GATE 3, 3RD FLOOR, M S BUILDING, KARNATAKA, BENGALURU 560001. -PROFORMA RESPONDENT (BY SRI. GANGADHAR J.M., ADDITIONAL ADVOCATE GENERAL ALONG WITH SRI. PRAVEEN K. UPPAR, ADDITIONAL GOVERNMENT ADVOCATE FOR A1, A2 AND THE PROFORMA RESPONDENT) THIS CCC 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 INITIATE CONTEMPT PROCEEDINGS FOR HAVING COMMITTED CONTEMPT OF THE ORDER - 3 - NC: 2025:KHC-D:3804-DB CCC No. 100238 of 2024 C/W WA No. 100643 of 2024 DATED 18.11.2023 IN WRIT PETITION NO.103775/2023 AS PER ANNEXURE-A & ETC., IN WRIT APPEAL NO. 100643 OF 2024 BETWEEN: 1. THE STATE OF KARNATAKA R/BY SECRETARY, DEPARTMENT OF SURVEY, SETTLEMENT AND LAND RECORDS, REVENUE BUILDING, K.R. CIRCLE, NUNEGUNDLAPALLI, AMBEDKAR VEEDHI, BENGALURU, KARNATAKA 560001. 2. THE DEPUTY COMMISSIONER, BELAGAVI, COURT COMPOUND, BELAGAVI-590001. 3. THE TAHASILDAR AND TALUK EXECUTIVE MAGISTRATE, BELAGAVI, OLD CITY CORPORATION OFFICE, SWAMI VIVEKANAND MARG, RISALDAR GALLI, BELAGAVI, KARNATAKA-590001. 4. THE DEPUTY DIRECTOR OF LAND RECORDS, BELAGAVI, DC COMPOUND, BELAGAVI -590001. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS, BELAGAVI AND CITY SURVEY, DC COMPOUND, BELAGAVI-590001. 6. THE CITY SURVEY OFFICER, THE ASSISTANT DIRECTOR OF LAND RECORDS, BELAGAVI AND CITY SURVEY, DC COMPOUND, BELAGAVI-590001. - APPELLANTS ((BY SRI. GANGADHAR J.M., ADDITIONAL ADVOCATE GENERAL ALONG WITH SRI. PRAVEEN K. UPPAR, ADDITIONAL GOVERNMENT ADVOCATE ) - 4 - NC: 2025:KHC-D:3804-DB CCC No. 100238 of 2024 C/W WA No. 100643 of 2024 AND: 1. RAMBHAU LAXMAN NESARIKAR, AGE: 58 YEARS, OCC. AGRICULTURE, R/O.NO.2052, KORE GALLI, SHAHAPUR, BELAGAVI 590003. 2. ASHOK LAXMAN NESARIKAR, AGE: 59 YEARS, OCC. AGRICULTURE, R/O. NO.2052, KORE GALLI, SHAHAPUR, BELAGAVI 590003. 3. RAANBA BABURAO NESARIKAR, AGE: 51 YEARS, OCC. AGRICULTURE, R/O.HATTIHOLI GALLI, SHAHAPUR, BELAGAVI 590003. 4. BHAVAKANNA BABURAO NESAIKAR, AGE: 51 YEARS, OCC. AGRICULTURE, R/O.NO.2333, HATTIHOLI GALLI, SHAHAPUR, BELAGAVI 590003. 5. SHOBHA SHIVAJI JADHAV, AGE: 49 YEARS, OCC. HOUSEHOOLD WORK, R/O.BHAVANI NAGAR, MANDOLI ROAD, BELAGAVI 590003. 6. LAXMI NAMADEV NAIK, AGE: 41 YEARS, OCC. HOUSEHOLD WORK, R/O.HATTIHOLI GALLI, SHAHAPUR, BELAGAVI 590003. - RESPONDENTS THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 18.11.2023 IN W.P.NO.103775/2023, PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY & ETC. - 5 - NC: 2025:KHC-D:3804-DB CCC No. 100238 of 2024 C/W WA No. 100643 of 2024 THE CONTEMPT PETITION AND THE WRIT APPEAL, 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 JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD) The dispute in this intra Court appeal is in relation to the complainants’ case for entries in the Property Card for the property measuring 4 acres 14 guntas 13.64 annas in Sy. No. 92/1 within the local limits of Belagavi City Municipal Corporation [the Subject Property] maintained by the jurisdictional Assistant Director of Land Records, Belagavi [the Assistant Director of Land Records] and the jurisdictional City Surveyor, Belagavi. The complainants have filed writ petition in W.P. No. 103775/2023 for directions to the different authorities, including the Assistant Director of Land - 6 - NC: 2025:KHC-D:3804-DB CCC No. 100238 of 2024 C/W WA No. 100643 of 2024 Records, to open the Enquiry Register showing the details of the subject property in their names. 2. The writ Court by its order dated 18.11.2023 has directed the Assistant Director of Land Records to make necessary entries in the Property Card as is required under the Karnataka Land Revenue Rules, 1966 stipulating that such entry shall be made within an outer limit of eight months. The writ Court’s order is essentially because the subject property, which is within the limits of Belagavi City Corporation, will be an urban property that should be treated as a non-agricultural land subject to assessment by the Belagavi City Corporation. 3. The Assistant Director of Land Records is joined by the other official respondents in the intra-Court appeal as against the writ Court’s order on the ground that though the subject property is a non-agricultural/ urban property exempted from - 7 - NC: 2025:KHC-D:3804-DB CCC No. 100238 of 2024 C/W WA No. 100643 of 2024 conversion, the complainants cannot develop the property without necessary approval by the Planning Authority under the Karnataka Town & Country Planning Act [for short, ‘the KTCP Act’]. The Assistant Director of Land Records to justify this case has placed reliance upon certain drawings and sketches including google map to assert that the complainants have developed certain portions of the subject property into plots and constructions have come up. 4. Sri J.M. Gangadhar, the learned Additional Advocate General submits that if the benefit of the entries in the Property Card is given, notwithstanding the fact that there is non-compliance with the requirements under the KTCP Act, the illegality in developing the property without due permission will be perpetuated. Sri Vitthal S. Teli, the learned counsel for the complainants - petitioner, while being unable to dislodge the reason that is canvassed by the learned Additional Advocate - 8 - NC: 2025:KHC-D:3804-DB CCC No. 100238 of 2024 C/W WA No. 100643 of 2024 General, submits that the complainants have not sold any portion of the subject property but they cannot deny that certain constructions have been put up in the subject property either by the complainants themselves or those who claim under the complainants. 5. Sri Vitthal S. Teli canvasses that the Property Card with the Assistant Director of Land Records could be opened mentioning the details of the property as also the complainants’ joint details recording that such entries are subject to the condition that no right is created contrary to KTCP Act and that every development must be according to this Act. The complainants’ stand that the Property Card could be opened with all the details stipulating that there must be due compliance with the KTCP Act and the details will be subject to any action that could be under this Act narrows down the controversy. - 9 - NC: 2025:KHC-D:3804-DB CCC No. 100238 of 2024 C/W WA No. 100643 of 2024 6. When this is put to the learned Additional Advocate General, he submits on instructions from the Assistant Director of Land Records, that if Property Card is maintained for the subject property in the joint names of the complainants subject to the condition as aforesaid, the controversy could be indeed be resolved. This Court has considered the interference with the writ Court’s order in the light of these submissions, and the writ appeal and the complaint stands disposed of by this: ORDER [A] The writ appeal is disposed of modifying the writ Court’s order dated 18.11.2023 in W.P.No.103775/2023 directing the Assistant Director of Land Records, Belagavi to open the Property Card for the subject property in the complainants’ joint names with the - 10 - NC: 2025:KHC-D:3804-DB CCC No. 100238 of 2024 C/W WA No. 100643 of 2024 details as to the measurement including with the details of the constructions in the property along with the condition that the details are being so maintained subject to the decision of the Planning Authority under the KTCP Act. [B] The Property Card issued in terms of this order shall not vest any right in the complainants to create any third-party interest over the subject property. [c] This Court must observe that the complainants, before being entitled to entries as such, shall pay all the property taxes and conversion fees to the local authority and that it shall be open to the Planning authority to take necessary action if the KTCP Act is violated. [d] In view of this order in the writ appeal, the complaint is closed but directing the - 11 - NC: 2025:KHC-D:3804-DB CCC No. 100238 of 2024 C/W WA No. 100643 of 2024 Assistant Director of Land Records to issue Property Card for the subject Property on aforesaid terms within three months from today. In view of disposal of the writ appeal, pending applications also stand disposed of. Sd/- (B.M. SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV, ct:vp LIST NO.: 1 SL NO.: 13