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2025 DAILYLAW 47892 (KAR)

MEGHARAJ S/O SHIVANAND ALIAS SHIVAPPA BAVOOR ALIAS KUMBAR v. D BASAVARAJ

CCC/100294/2025 · 2025-09-22

S Sunil Dutt Yadav, Vijaykumar A Patil

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:12834-DB CCC No. 100294 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL CIVIL CONTEMPT PETITION NO. 100294 OF 2025 BETWEEN: MEGHARAJ S/O SHIVANAND @ SHIVAPPA BAVOOR @ KUMBAR AGE. 31 YEARS, OCC. BUSINESS, R/O. NEAR BUDIHAL HOSPITAL, GADDANAKERI, TQ. & DIST. BAGALKOT-587101. …COMPLAINANT (BY MISS. GAYATRI S.R., ADVOCATE) AND: 1. D. BASAVARAJ THE CHIEF ENGINEER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT-587103. 2. NAVEEN PRASAD KATTIMANI THE REHABILITATION OFFICER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT-587103. …ACCUSED 3. THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. …PROFORMA RESPONDENT (BY SRI. SANJAY CHANAL, ADVOCATE FOR A2; SRI. PRAVEEN UPPAR, AGA FOR 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 ALLOW THE CONTEMPT PETITION AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW AND AS PER THE PROVISIONS OF THE CONTEMPT OF COURT ACT FOR HAVING DISOBEYED THE ORDER DATED 22.01.2025, PASSED IN WP NO.106635/2024 (LB-RES), PASSED BY THIS HON’BLE COURT VIDE ANNEXURE-A, AND PASS SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:12834-DB CCC No. 100294 of 2025 THIS CCC COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This contempt petition is filed alleging the disobedience of the order dated 22.01.2025 passed in WP No.106635/2024. The operative portion of the order reads as under; “i) The writ petition is allowed. ii) A mandamus is issued directing respondents No.1 and 2 to issue necessary Hakkupatra in terms of the intimation letter dated 04.09.2024 and the resolution dated 06.11.2015, within a period of three weeks from the date of receipt of certified copy of this order. iii) Respondents No.1 and 2 are directed to deposit cost of Rs.2,500/- each to the Advocates Clerks Association, High Court of Karnataka, Dharwad Bench within a period of two weeks for having taken an inordinately long time to comply with undertaking given before the Lok-Adalat. If there are more than one officer occupying the posts from 09.12.2023, each of them would be liable to make payment of cost of Rs.2,500 as aforesaid.” - 3 - HC-KAR NC: 2025:KHC-D:12834-DB CCC No. 100294 of 2025 2. Learned counsel Sri.Sunil Chanal appearing for respondent Nos.1 and 2 filed a memo along with Hakkupatra. 3. Learned counsel for the complainant submits that the Hakkupatra is issued in favour of the dead person. 4. In response, the learned counsel for the authority undertakes to issue corrected Hakkupatra in favour of Sri.Megharaj S/o. Shivanand and thereafter, they would execute the registered lease cum sale deed. 5. In view of the said submission and further undertaking that they would also execute the registered lease cum sale deed within a period of three weeks, the contempt proceedings are closed with a liberty to revive the contempt proceedings, if undertaking is not adhered to. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE PJ, CT:VP LIST NO.: 1 SL NO.: 34