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2025 DAILYLAW 50271 (KAR)

MOHAMMAD AKBARSAB S/O BABAJANSAB DWARALI ALIAS ARALIMARAD v. ANSHU KUMAR

CCC/100100/2025 · 2025-06-12

K V Aravind, R Devdas

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:7552-DB CCC No. 100100 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND CIVIL CONTEMPT PETITION NO.100100 OF 2025 BETWEEN: 1. MOHAMMAD AKBARSAB S/O BABAJANSAB DWARALI @ ARALIMARAD AGE. 57 YEARS, OCC. AGRICULTURE, 2. IMAMSAB S/O HAJRESAB DWARALI @ ARALIMARAD AGE. 55 YEARS, OCC. AGRICULTURE, 3. KHAWAJASAB S/O ABDULWAHABSAB DWARALI @ ARALIMARAD AGE. 53 YEARS, OCC. AGRICULTURE, 4. MAINUDDIN S/O ABDULGANISAB DWARALI @ ARALIMARAD AGE. 50 YEARS, OCC. AGRICULTURE, ALL ARE R/O KANCHINEGLUR VILLAGE, TQ. HANGAL, DIST. HAVERI 581104. …COMPLAINANTS (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. ANSHU KUMAR SUPERINTENDENT OF POLICE, HAVERI, DIST. HAVERI-581104. 2. GURU SHANTHAPPA DEPUTY SUPERINTENDENT OF POLICE, SHIGGAON, DIST. HAVERI-581104. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.13 10:12:02 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7552-DB CCC No. 100100 of 2025 3. ANJANAIYA CIRCLE INSPECTOR OF POLICE, HANGAL, DIST. HAVERI-581104. 4. SHARANAPPA POLICE SUB-INSPECTOR, ADUR POLICE STATION, TQ. HANGAL, DIST. HAVERI-581104. 5. MOHAMMAD KHAIZAR THE ASSISTANT COMMISSIONER, SAVANUR, DIST. HAVERI-581104. 6. RENUKA S THE TAHSILDAR HANGAL, DIST. HAVERI-581104. …ACCUSED 7. THE STATE OF KARNATAKA R/BY AGA DHARWAD-580001. …PROFORMA RESPONDENT (BY SRI. L.S. SULLAD, ADVOCATE FOR A1 TO A4; SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR A5 & A6 AND 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 PERSONS IN ACCORDANCE WITH LAW AS PER THE PROVISIONS OF CONTEMPT OF COURT ACT FOR HAVING DISOBEYED THE ORDER PASSED BY THIS HON’BLE COURT IN WP NO.100410/2025 DATED 22.01.2025 VIDE ANNEXURE-E IN THE INTEREST OF JUSTICE & ETC. THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND - 3 - HC-KAR NC: 2025:KHC-D:7552-DB CCC No. 100100 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) On the previous date of hearing, i.e., on 02.06.2025, the following order was passed. “Learned counsel for the petitioners has pointed out to Annexure-C, order dated 23.10.2019 in W.P. No. 111901/2019 where directions were issued to the respondent-Police, including the Superintendent of Police, Haveri, to provide protection to the petitioners to enable them to put up a fence around the land in question. The said order was challenged by respondent No.6 therein in W.A. No. 100596/2019. A Co-ordinate bench of this Court dismissed the writ appeal by order dated 04.11.2020 while imposing costs of Rs.25,000/- on the appellant. Learned counsel submits that the order was passed in the month of November, 2020 and thereafter there was outbreak of COVID-19 and therefore the petitioners could not put up a fence. However when subsequently the petitioners sought for the help of the respondent-Police and the respondent-Police did not oblige, the petitioners once again filed W.P. No. 100410/2025. Learned Single Judge of this Court disposed of this writ petition on 22.01.2025 directing the respondent-Police to provide protection to the petitioners to put up the fence on the date that the petitioners would seek. Thereafter the petitioners have given a written request on 18.02.2025 seeking police protection to put up a fence. However when the respondents did not oblige, this contempt petition has been filed. We have gone through the affidavit filed on 25.04.2025 at the hands of the Tahasildar, Hanagal. Learned counsel for the first respondent would also point out to Annexure-A, order dated 18.08.2001 passed in W.P. No. 24849/2001. Prima facie we are satisfied that the Tahasildar has nothing to do in this case. If the Tahasildar or the State Government is aggrieved of any order passed by this Court in W.P. No. 24849/2001 or any other case arising out of case of land reforms proceedings, it is for them to take up the case in the manner known to law. - 4 - HC-KAR NC: 2025:KHC-D:7552-DB CCC No. 100100 of 2025 We therefore direct the respondents, including the first respondent, Superintendent of Police, Haveri, to provide protection to the petitioners on 09.06.2025 at 11.00 a.m. to put up the fence. Relist this case on 12.06.2025.” 2. Today, learned counsel for the petitioners- complainants submits that on 09.06.2025, as directed by this court the respondent-police have given protection and the petitioners have put up the fence and therefore, the learned counsel would submit that contempt petition may be closed. Accordingly, the contempt petition stands closed. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 5