BASHIRHAMMAD S/O RASULSAB ALIAS RASOOLSAB MOMIN v. SRI NITESH PATIL
CCC/100257/2024 · 2025-11-18
Geetha K B, S G Pandit
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 45176 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45176 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:15793-DB CCC No. 100257 of 2024
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
CIVIL CONTEMPT PETITION NO. 100257 OF 2024 BETWEEN:
1.
BASHIRHAMMAD S/O. RASULSAB @ RASOOLSAB MOMIN AGE. 66 YEARS, OCC. AGRICULTURE, R/O. YADAWAD VILLAGE, TQ. MUDALAGI, DIST. BELAGAVI.
2.
SUBHAN @ SHUBHANSA S/O. RASULSAB @ RASOOLSAB MOMIN AGE. 68 YEARS, OCC. AGRICULTURE, R/O. YADAWAD VILLAGE, TQ. MUDALAGI DIST. BELAGAVI. …COMPLAINANT
(BY SRI. D.M. MALLI, ADVOCATE FOR SRI. GANGADHAR S. HOSAKERI, ADVOCATE)
AND:
1.
SRI. NITESH PATIL AGE. 68 YEARS, OCC. THE SPECIAL DEPUTY COMMISSIONER LAND ACQUISITION-REHABILITATION AND RECONSTRUCTION MANJOR IRRIGATION PROJECT, BELAGAVI, TQ. BELAGAVI, DIST. BELAGAVI,
Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.25 11:31:57 +0530
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HC-KAR NC: 2025:KHC-D:15793-DB CCC No. 100257 of 2024
PRESENTLY WORKING AS DIRECTOR MICRO, SMALL AND MEDIUM ENTERPRISES, BENGALURU.
2.
SRI. M .H. TOTAGI AGE. MAJOR, OCC. THE EXECUTIVE ENGINEER NIRAVARI NIGAM (GRBCC) KOUJALAGI, TQ. GOKAK, DIST. BELAGAVI.
3.
SRI. CHANDRAMOULI AGE. MAJOR, OCC. THE SPECIAL LAND ACQUISTION OFFICER, HIDAKAL DAM TQ.HUKKERI, DIST. BELAGAVI. …ACCUSED
4.
THE STATE OF KARNATAKA, REPRESENTED BY HIGH COURT PREMISES, DHARWAD.
…PROFORMA RESPONDENT (BY SRI ARAVIND D. KULKARNI, ADVOCATE FOR ACCUSED NO.2;
SRI SHARAD V. MAGADUM, AGA FOR ACCUSED NOS.1, 3 AND PROFORMA RESPONDENT)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO, INITIATE CONTEMPT PROCEEDINGS AND PUNISH THE ACCUSED FOR THE WILLFUL DISOBEDIENCE AND NON COMPLIANCE OF THE FINAL ORDER DATED 20.02.2024 PASSED IN WRIT PETITION NO.100674/2024 (LA-RES) VIDE ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
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HC-KAR NC: 2025:KHC-D:15793-DB CCC No. 100257 of 2024
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
This contempt petition is filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India alleging the disobedience of order dated 20.02.2024 passed in WP No.100674/2024, whereunder this Court passed the following order:
“4. Therefore, it is expedient to direct the respondent Nos.2 and 4 to consider the proposal dated 06.10.2022 submitted by the respondent No.3 and pass appropriate
order in accordance with law within a period of three months from the date of receipt of certified copy of this
order. If upon considering the proposal, that the petitioners’ land has been utilized for the purpose of construction of distributor canal, the respondent Nos.2 and 4 to initiate acquisition proceedings within three months from the date thereafter.”
2. Heard
learned counsel Sri D.M. Malli for Sri Gangadhar S. Hosakeri for complainants and Sri Sharad V. Magadum, learned AGA for accused Nos.1 and 3 and Sri Aravind D. Kulkarni for accused No.2.
3.
Learned counsel appearing for accused would submit that as directed by this Court, proposal forwarded by
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HC-KAR NC: 2025:KHC-D:15793-DB CCC No. 100257 of 2024
accused No.2 has been examined by accused Nos.1 and 3 and steps have been taken to acquire the land. He further submits that Order under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been passed.
4. In view of the above, learned counsel appearing for the complainants would submit that contempt may be dropped.
5. Taking note of the above submission and as the
order is substantially complied, we drop further proceedings. Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE
VMB Ct-cmu List No.: 1 Sl No.: 16