- 1 - NC: 2025:KHC-D:3682-DB CCC No. 100245 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. 100245 OF 2024 BETWEEN: K. NARAYANAPPA S/O K. BASANNA, AGED ABOUT: 75 YEARS, OCC: AGRICULTURE, R/O. PEERJAD STREET, GANGAVATHI, DIST: KOPPAL. …COMPLAINANT (BY SRI. LINGRAJ MARADI, ADVOCATE) AND: 1. NAVEEN RAJ SINGH, STATE OF KARNATAKA, CHIEF SECRETARY, HOUSING DEPARTMENT, VIDHANSOUDHA BUILDING, BANGALURU-560001. 2. NALIN ATUL, THE DEPUTY COMMISSIONER, KOPPAL-583231. 3. MAHESH MALAGATTI THE ASSISTANT COMMISSIONER, AND LAND ACQUISITION OFFICER, KOPPAL DIVISION, TQ & DIST: KOPPAL-583231. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3682-DB CCC No. 100245 of 2024 4. U NAGARAJ, THE THASILDAR, GANGAVATHI, TQ: GANGAVATHI, DIST: KOPPAL-583231 5. SMT. SUSHEELAMMA, THE MANAGING DIRECTOR, RAJIV GANDHI HOUSING CORPORATION LTD, KAVERI BHAVAN ,9TH FLOOR, E AND F BLOCK , KEMPEGOUDA ROAD, BANGALURU-560001 …ACCUSED 6. THE STATE OF KARNATAKA REP BY ITS SECRETARY, M.S. BUILDING, BENGALURU-560001. …PRO-FORMA RESPONDENT (BY SRI. PRAVEEN K. UPPAR, AGA FOR A1 TO A4 AND A6; SMT. SUMANA BALIGA M. ADVOCATE FOR A5) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PRAYING TO, INTIMATE THE CONTEMPT PROCEEDINGS AND PUNISH THE ACCUSED PERSONS HEREIN FOR WILLFUL DISOBEDIENCE OF ORDER DATED 26.02.2024 PASSED IN WRIT PETITION NO.100324/2024 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY. THIS CCC COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:3682-DB CCC No. 100245 of 2024 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 has the advantage of the writ Court’s direction dated 26.02.2024 in WP.No.100324/2024. The writ Court’s direction to the respondents, which is after quashing the impugned endorsement therein, is to initiate acquisition proceedings and pay compensation to the complainant within three months. The complainant’s case is that he is the owner of 5 acres of land in Survey No.3/A2 of Bhattarahanchinal village, and this land has been utilized to grant rights to certain persons and accordingly Hakku Pathras have also been issued, and therefore, he is entitled for utilization of compensation for three [3] acres of land. 2. This Court must observe that the writ petition in WP.No.100324/2024 is after multiple grounds of litigation, including the writ petition in WP.No.65363/2011. The Principal Secretary, Department of Revenue, Bengaluru, - 4 - NC: 2025:KHC-D:3682-DB CCC No. 100245 of 2024 who has been called upon to file his response in light of the statement made on behalf of the respondent that the proposal for acquisition has been sent and such proposal is pending with its office, has filed an affidavit stating that after the disposal of the writ petition in WP.No.65363/2011, contempt proceedings in CCC.No.100280/2022 are initiated by the complainant; that this complaint is dropped because of certain documents produced by the Jurisdictional Deputy Commissioner; that the present petition is filed notwithstanding the same. The Principal Secretary, while clarifying that no proposal for acquisition has been forwarded to the Secretary of the Revenue Department, has stated that on re-examining all the records in a meeting held on 17.02.2025, a decision is taken to file a review against the writ Court’s order in WP.No.100324/2024. 3. Sri. Lingaraj Maradi, in response, submits that the contempt proceedings were dropped because certain Endorsement were issued, which are called in question in the present petition in WP.No.100324/2024 and therefore, this Court may continue the proceedings to frame charges - 5 - NC: 2025:KHC-D:3682-DB CCC No. 100245 of 2024 against the accused. This Court must observe that an exception could be taken with the submissions made during the previous hearing dates about the proposal being sent for acquisition of the land records and the Principal Secretary, Department of Revenue now stating categorically in his affidavit that no such recommendation is received. It could be that contradictory/ incorrect statements are made to the Court, and that the persons responsible for such submission could be called upon to answer the charges against deliberate statements. 4. However, given the circumstances, especially that a decision to file a review is taken, this Court is not inclined to pursue the present complaint on the ground of inaccurate / incomplete/ contradictory statements being made before this Court even in contempt proceedings. Further, this Court is inclined to close the proceedings only but with liberty to the complainant to seek revival subject to the outcome in the proposed review petition. This Court must also clarify that if, despite this opportunity, a review petition is not filed within eight [8] - 6 - NC: 2025:KHC-D:3682-DB CCC No. 100245 of 2024 weeks from today, that itself would be a ground for the complainant to seek revival. The complaint stands closed accordingly. Sd/- (B.M. SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM/CT:VG LIST NO.: 1 SL NO.: 10