- 1 - NC: 2025:KHC-D:5686-DB CCC No. 100362 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO.100362 OF 2024 BETWEEN: 1. VIJAYKUMAR S/O KANNAPPA MUDALIAR AGE. 73 YEARS, 2. RAVIKUMAR S/O KANNAPPA MUDALIAR AGE. 71 YEARS, R/BY. POWER OF ATTORNEY I.E., COMPLAINANT NO.1 RESIDENTS OF NO.138, III MAIN ROAD, PARVATHI NAGAR, BALLARI-583103 PRESENTLY RESIDING AT NO.15, 6TH BLOCK, MADHUVANA LAYOUT, SREERAMAPURA 2ND STAGE, MYSORE-570023. …COMPLAINANTS (BY SRI. HARSH DESAI, ADVOCATE) AND: 1. GURURAJ CHALVADI, THE TAHSILDAR, BALLARI TALUK, BALLARI-583101. …ACCUSED 2. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560001. …PROFORMA RESPONDENT (BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR A1 & PROFORMA RESPONDENT) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5686-DB CCC No. 100362 of 2024 THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO, INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED HEREIN FOR DISREGARDING AND VIOLATING THE ORDER DATED 20-04-2021 IN WP NO.109639 OF 2017 (ANNEXURE-E) CONFIRMED BY ORDER DATED 01-09-2023 IN WA NO.100535 OF 2022 (ANNEXURE-G), AND METE OUT PUNISHMENT UNDER THE CONTEMPT OF COURTS ACT, 1971, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CONTEMPT PETITION, COMING ON FOR FRAMING OF CHARGES, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This contempt petition is directed against the disobedience of the order dated 20.04.2021 passed in W.P. No.109639/2017 (Annexure-E), wherein the following directions were issued: “The writ petition is allowed. The impugned endorsement dated 24.01.2017 issued by the 4th respondent is hereby quashed. Respondent No.4 is directed to consider the application submitted by the petitioner Nos.2 and 3 for mutating their names in the revenue records to an extent of 3 acres 38 cents in Survey No.597/B2A1A1A1D1 situated in Ballari taluk and district - 3 - NC: 2025:KHC-D:5686-DB CCC No. 100362 of 2024 in accordance with the provisions contained in the Karnataka Land Revenue Act.” 2. The respondent-State filed Writ Appeal No.100535/2022 against the aforesaid order of the learned Single Judge. The said writ appeal came to be dismissed by judgment dated 01.09.2023. 3. On issuance of notice to respondent No.1/accused, Memo dated 29.01.2025 was filed enclosing the record of rights (RORs) in respect of the lands in question. Again, one more Memo dated 25.02.2025 was filed enclosing corrigendum proceedings dated 17.02.2025. This Court by order dated 25.02.2025 granted further time to correct the extent in Column No.3 and 11 in the concerned RORs and to reflect the consequential changes in the RORs. Thereafter, by Memo dated 11.03.2025, the RORs were produced. On going through the RORs, this Court by order dated 18.03.2025 refused to accept the statement of the accused-Tahasildar that no land is available to enter the name of the petitioners to an extent of 0.02.75 cents and further observed that mutation entries should have been made in respect of the petitioner’s entire land is concerned. Again, further time was provided to - 4 - NC: 2025:KHC-D:5686-DB CCC No. 100362 of 2024 respondent No.1/accused. Thereafter, affidavit dated 24.03.2025 was filed enclosing the RORs in respect of the entire land. Some of the RORs contained restriction from alienating the land in question in pursuance of the order dated 04.03.2025 said to have been passed by the Assistant Commissioner, Ballari. This Court noted that the accused No.1 had filed affidavit dated 18.03.2025 and 04.03.2025 and, at no point of time, the order restricting alienation was brought to the notice of this Court and for the first time, the said condition is inserted at Column No.11 of the RORs. Again, at the request of the learned Government Advocate, though we found prima facie contempt of the order of this Court, granted time till 26.03.2025 posting the matter for framing charges. 4. Today, a Memo dated 27.03.2025 is filed enclosing copies of RTC in respect of the land in question with mutation. Learned counsel for the complainant, on going through the RORs, submits that restriction imposed has been removed. 5. Accused No.1 has tendered an unconditional apology for the delay in implementing the order passed by this Court. Though we find prima facie material to proceed further - 5 - NC: 2025:KHC-D:5686-DB CCC No. 100362 of 2024 in the contempt proceedings, taking note of the unconditional apology tendered by accused No.1, we propose to drop the further proceeding in this contempt petition. Accordingly, contempt proceeding is dropped. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 41