- 1 - NC: 2025:KHC-D:193-DB CCC No.100209 of 2023 C/W CCC No.100212 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CIVIL CONTEMPT PETITION NO.100209 OF 2023 C/W CIVIL CONTEMPT PETITION NO.100212 OF 2023 IN CIVIL CONTEMPT PETITION NO.100209 OF 2023 BETWEEN: YASHWANT S/O KRISHNA BAKSHI SINCE DECEASED BY HIS LR’S 1. MADHAV S/O BHAGAVNTRAO BAKSHI AGE. 64 YEARS, OCC. AGRICULTURE, R/O. WARD NO.1, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. 2. BALACHANDRA S/O RAGHAVENDRA BAKSHI AGE. 62 YEARS, OCC. AGRICULTURE, R/O. WARD NO.1, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. 3. MILIND S/O VITTALRAO BAKSHI AGE. 63 YEARS, OCC. AGRICULTURE, R/O. WARD NO.1, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. …COMPLAINANTS (BY SRI. S.S. PATIL AND SRI. MAHANTESH R. PATIL, ADVOCATES) AND: 1. CHIDANAND GURUSWAMI THE SPECIAL LAND ACQUISITION OFFICER, UPPER KRISHNA PROJECT, BILAGI, TQ. BILAGI, DIST. BAGALKOT-587116. VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.10 10:14:39 +0530 - 2 - NC: 2025:KHC-D:193-DB CCC No.100209 of 2023 C/W CCC No.100212 of 2023 2. MOHANRAJ K.P. MANAGING DIRECTOR, KRISHNA BHAGYA JALA NIGAM LIMTED, LIASON OFFICE, PWD OFFICERS ANNEXE BUILDING, III FLOOR, K.R. CIRCLE, BENGALURU-560001. 3. RAMESH KALASAD GENERAL MANAGER LAND ACQUISITION, UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOT, TQ & DIST: BAGALKOT-587103. …ACCUSED (BY SRI. PRAVEEN K. UPPAR, AGA FOR A1; SRI. CHETAN MUNNOLI, ADVOCATE FOR A2; NOTICE TO A3 IS SERVED) THIS CIVIL CONTEMPT PETITION IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO, INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED REGARDING THE NON COMPLACENCE OF THE ORDER DATED 06/01/2023 PASSED BY THIS HON’BLE COURT IN W.P.NO.102245/2022 (GM-CPC) PRODUCED AT ANNEXURE- D, IN THE INTEREST OF JUSTICE. IN CIVIL CONTEMPT PETITION NO.100212 OF 2023 BETWEEN: ANNAPPA S/O KRISHNAPPA NALAVADE SINCE DECEASED BY HIS LR’S CHAMPABAI W/O ANNAPPA NALAVADE SINCE DECEASED BY HIS LR’S 1. SONUBAI S/O BALASAHEB CHAVAN AGE. 68 YEARS, OCC. AGRICULTURE, R/O.WARD NO.17, NALAVADE PLOT, MANTUR ROAD, MUDHOL, TQ. MUDHOL, - 3 - NC: 2025:KHC-D:193-DB CCC No.100209 of 2023 C/W CCC No.100212 of 2023 DIST. BAGALKOT-587313. SHANTABAI W/O NARASAPPA NAROJI SINCE DECEASED BY HIS LR’S SANTOSH S/O NARSHINGAPPA @ NARASAPPA NAROJI SINCE DECEASED BY HIS LR’S (DIED ON 04-06-2022) 2. BHARATI W/O SANTOSH @ NARSAPPA NAROJI AGE. 39 YEARS, OCC. AGRICULTURE, R/O.WARD NO.17, NALAVADE PLOT, MANTUR ROAD, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. 3. ANUSHA D/O SANTOSH @ NARASAPPA NAROJI AGE. 18 YEARS, OCC. STUDENT, R/O.WARD NO.17, NALAVADE PLOT, MANTUR ROAD, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. 4. SAMPREETA D/O SANTOSH @ NARASAPPA NAROJI AGE. 16 YEARS, OCC. STUDENT, 5. VARSHA D/O SANTOSH @ NARASAPPA NAROJI AGE. 16 YEARS, OCC. STUDENT, COMPLAINANT NO. 4 & 5 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN I.E., COMPLAINANT NO.3 ANUSHA D/O SANTOSH @ NARASAPPA NAROJI AGE. 18 YEARS, OCC. STUDENT, R/O.WARD NO.17, NALAVADE PLOT, MANTUR ROAD, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. 6. ANIL S/O NARASHINGAPPA @ NARASAPPA NAROJI - 4 - NC: 2025:KHC-D:193-DB CCC No.100209 of 2023 C/W CCC No.100212 of 2023 AGE. 40 YEARS, OCC. AGRICULTURE, R/O.WARD NO.17, NALAVADE PLOT, MANTUR ROAD, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. 7. SUNIL S/O NARASHINGAPPA @ NARASAPPA NAROJI AGE. 38 YEARS, OCC. AGRICULTURE, R/O.WARD NO.17, NALAVADE PLOT, MANTUR ROAD, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. 8. CHANDRABAI D/O ANNAPPA NALAVADE AGE. 60 YEARS, OCC. AGRICULTURE, R/O.WARD NO.17, NALAVADE PLOT, MANTUR ROAD, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. 9. KRISHNA S/O ANNAPPA NALAVADE AGE. 58 YEARS, OCC. AGRICULTURE, R/O.WARD NO.17, NALAVADE PLOT, MANTUR ROAD, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. 10. LATA W/O SADASHIV NALAVADE AGE. 52 YEARS, OCC. AGRICULTURE, R/O.WARD NO.17, NALAVADE PLOT, MANTUR ROAD, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. 11. SHAKUNTALA W/O JYOTIRAM JADHAV AGE. 54 YEARS, OCC. AGRICULTURE, R/O.WARD NO.17, NALAVADE PLOT, MANTUR ROAD, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. 12. SHANKAR S/O ANNAPPA NALAVADE AGE. 52 YEARS, OCC. AGRICULTURE, - 5 - NC: 2025:KHC-D:193-DB CCC No.100209 of 2023 C/W CCC No.100212 of 2023 R/O.WARD NO.17, NALAVADE PLOT, MANTUR ROAD, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313. …COMPLAINANTS (BY SRI. S.S. PATIL, AND SRI. MAHANTESH R. PATIL, ADVOCATES) AND: 1. CHIDANAND GURUSWAMI THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT, BILAGI, TQ. BILAGI, DIST. BAGALKOT-587116. 2. MOHANRAJ K.P. MANAGING DIRECTOR, KRISHNA BHAGYA JALA NIGAM LIMITED, LIASON OFFICE, PWD OFFICERS ANNEXE BUILDING, III FLOOR, K.R. CIRCLE, BENGALURU-560001. 3. RAMESH KALASAD GENERAL MANAGER LAND ACQUISITION UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOT, TQ & DIST. BAGALKOT-587103. …ACCUSED (BY SRI. PRAVEEN K. UPPAR, AGA FOR A1; SRI. CHETAN MUNNOLI, ADVOCATE FOR A2; NOTICE TO A3 IS SERVED) THIS CIVIL CONTEMPT PETITION IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO, INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED REGARDING THE NON COMPLACENCE OF THE ORDER DATED.06/01/2023 PASSED BY THIS HON’BLE COURT IN W.P.NO.102594/2022 (GM-CPC) PRODUCED AT ANNEXURE- D, IN THE INTEREST OF JUSTICE. THESE CONTEMPT PETITIONS, COMING ON FOR ORDERS, THIS DAY, 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 - 6 - NC: 2025:KHC-D:193-DB CCC No.100209 of 2023 C/W CCC No.100212 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) These contempt petitions have been closed by the order dated 29.08.2023, but this Court by the order dated 13.12.2023 has revived the complaints. The complainants contend that the respondent is in contempt because payments have not been made in terms of the writ Court’s orders in Writ Petition Nos.102584 and 102582 of 2022. However, the Writ Court, while entertaining a review petition in R.P. No.100089/2024 c/w R.P. Nos.100090/2024, 100091/2024 and 100092/2024, has granted interim order of stay, and further, the question of continuing the contempt proceedings must be examined in the light of the Apex Court’s order dated 19.12.2024 in SLP No.14421/2024. The Apex Court’s order reads as under: “1. These petitions arise out of an order passed by the learned Single Judge of the High Court of Karnataka, Circuit Bench at Dharwad, vide which in a review jurisdiction, the learned Single Judge of the High Court has stayed his own order passed in a writ petition filed by SLAO, respondent herein dated 06.01.2023 against which the special leave petition(s) preferred was also dismissed by this Court. - 7 - NC: 2025:KHC-D:193-DB CCC No.100209 of 2023 C/W CCC No.100212 of 2023 2. Prima facie, we are of the view that the learned Single Judge of the High Court ought not to have entertained the review petition against an order which was affirmed in the special leave petition(s) by this court by a speaking observations. 3. However, the perusal of the order passed by the learned Single Judge of the High Court in the writ petition dated 06.01.2023 would reveal that the learned Single Judge of the High Court has passed an order on the basis of the calculations made by the Registry of the said High Court. 4. When the matter was heard in the morning session today, we had made a specific query as to whether the State was granted an opportunity of being heard by the Registry prior to the calculations being finalized. 5. Shri Vikas Singh, learned senior counsel appearing for the State submits that the matter was reserved for orders on 16.12.2023 and the calculation of the Registrar was served upon the State on the very same day. It is, therefore, submitted that no opportunity of hearing was afforded to the respondent-SLAO and the State prior to the calculations being furnished by the Registry. 6. As already observed hereinabove in ordinary circumstances, we would not have looked into the matter. However, since large amount of public money - 8 - NC: 2025:KHC-D:193-DB CCC No.100209 of 2023 C/W CCC No.100212 of 2023 is involved, we find it appropriate to direct the Secretary General of this Court to nominate a Registrar of this Court who is conversant with the land acquisition matters. The Registrar shall undertake the exercise of calculation of the amount payable to the respondent-claimants in accordance with law laid down by a Constitution Bench of this Court in the case of Gurpreet Singh VS. Union of India reported in (2006) 8 SCC 457. 7. For assisting the learned Registrar, the State as well as the respondent(s)-claimant(s) shall provide a chart as per their calculation. The Registrar would give audience to Mr. Amit Pai, learned Standing Counsel to the beneficiary alongwith Mr. Mansur Ali Bilagi, Land Surveyor, SLAO office Bilagi representing the State. On behalf of the claimant, the Registrar shall give a hearing to Mr. Anil Mishani, learned counsel alongwith one of the parties. 8. If necessary, the Registrar may take assistance of the Chartered Accountant/Expert in the field whose fee would be payable by the respondent- beneficiary. 9. List these matters after four weeks.” The Apex Court has also directed its Registry to list the SLP four weeks from the date of such order. This Court is of the considered view that in the aforesaid circumstances, the - 9 - NC: 2025:KHC-D:193-DB CCC No.100209 of 2023 C/W CCC No.100212 of 2023 complainants must await the outcome of the decision of the Apex Court and avail remedy as would be permissible in law. Hence, these proceedings stand disposed of accordingly. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 0