- 1 - NC: 2025:KHC-D:3910-DB CCC No. 100323 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH 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. 100323 OF 2024 BETWEEN: NARPATHKUMAR S/O. SONRAJ DHARIWAL, AGE ABOUT: 44 YEARS, OCC: BUSDINESS, R/O. PANDIT PUTTARAJ BADAVANE BSNL OFFICE, KOTTURU KOTTURU-583134, DIST: BELARY. …COMPLAINANT (BY SRI. M. M. PATIL, ADVOCATE) AND: 1. VINAYA S/O. MUGAPPA PANCHAYAT DEVELOPMENT OFFICER AGE ABOUT: 34, OCC: P.D.O GRAM PANCHAYAT OFFICE, KHAN HOSALLI 583135 TQ: KUDLIGI, DIST: VIJAYANAGAR DISTRICT …ACCUSED 2. THE STATE OF KARNATAKA …PROFORMA RESPONDENT (BY SRI. PRAVEEN K. UPPAR, AGA FOR ACCUSED/R2) 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, PLEASED TO, INITIATE ACTION AGAINST THE ACCUSED NO.1 FOR CONTEMPT OF THIS HON’BLE COURT FOR NOT IMPLEMENTING/COMPLYING THE ORDER PASSED BY THIS HON’BLE COURT IN WRIT PETITION NO. 101073/2024 (LB-RES) DATED 19.02.2024 AS PER ANNEXURE-A AND ETC. Digitally signed by ANJALI M Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3910-DB CCC No. 100323 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE 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 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The complainant's Writ Petition in W.P.No.101073/2024 is disposed of by the writ Court on 19.02.2024 with direction that reads as under:- “Mandamus is issued, directing respondent No.4 to consider the application/ representation of the petitioner dated 12.01.2022 at Annexure-C, within thirty days from the date of receipt of copy of this order” The jurisdictional P.D.O. [-the respondent] has filed a report detailing the notice issued and the procedure followed to measure the complainant’s property. The jurisdictional - 3 - NC: 2025:KHC-D:3910-DB CCC No. 100323 of 2024 P.D.O. has also enclosed documents, including the photographs. Sri M.M. Patil, the learned counsel for the complainant, submits that survey is conducted but boundary is not fixed as is requested in the representation, and therefore, there is deliberate disobedience, and the learned counsel also proposes to rely upon a note in the vernacular to say that the respondent has not fixed the boundaries. The jurisdictional P.D.O. is present, and when asked to clarify, states that the note in the Mahazar only reads that the sketch is not to scale otherwise the boundaries have been fixed after measurement. In rejoinder, Sri M.M. Patil, submits that if detailed order is passed it would come out that some portion of the complainant’s property is encroached by one of the neighbours. However, it would suffice for this Court to observe that if there is any encroachment, the complainant must work out his remedy in the appropriate forum and in - 4 - NC: 2025:KHC-D:3910-DB CCC No. 100323 of 2024 such proceedings he can rely upon the report that is filed but the contempt proceedings cannot be continued. Hence, it is closed. SD/- (B.M.SHYAM PRASAD) JUDGE SD/- (RAMACHANDRA D. HUDDAR) JUDGE VMB/CT:VG LIST NO.: 1 SL NO.: 17