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High Court of Karnataka · body

2025 DAILYLAW 61238 (KAR)

RAJASHEKAR S/O M BIKKANNAVAR v. BHUVANESH KUMAR GENERAL MANAGER (TECH)

CCC/100213/2025 · 2025-11-11

Geetha K B, S G Pandit

Contempt Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15381-DB CCC No. 100213 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH 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.100213 OF 2025 BETWEEN: RAJASHEKAR, S/O M BIKKANNAVAR AGE. 65 YEARS, OCC. AGRICULTURE, R/O SHANTI COLONY, 3RD CROSS, KAMALAPUR ROAD, DHARWAD 580008. …COMPLAINANT (BY SRI. RAMACHANDRA V. BHAT, ADVOCATE) AND: 1. BHUVANESH KUMAR, GENERAL MANAGER (TECH) & PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, VIDYAGIRI, DHARWAD 580004. 2. SRI. DEVARAJ R. THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAY AUTHORITY OF INDIA, SITE OFFICE, VIDYAGIRI, DHARWAD 580004. …ACCUSED (BY SRI. B.P. MATHAPATI, ADVOCATE FOR A1 SMT. VIDYAVATI M.KOTTURSHETTAR, ADVOCATE FOR A2) Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.15 13:02:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15381-DB CCC No. 100213 of 2025 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 INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED PERSONS UNDER THE PROVISIONS OF THE CONTEMPT OF COURTS, ACT AND PUNISH THE ACCUSED FOR DELIBERATELY DISOBEYING THE ORDER IN W.P. NO.112491/2019 DATED 02.07.2024 VIDE ANNEXURE-A AND PASS SUCH OTHER ORDERS AS THIS HON’BLE COURT DEEMS FIT, IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTERESTS OF JUSTICE. THIS CCC COMING ON FOR HEARING BEFORE CHARGES, 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. ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Heard Sri. Ramachandra V.Bhat, learned counsel for the complainant, and Smt. Vidyavati M.Kotturshettar, learned counsel for accused No.2. 2. This Court, by order dated 02.07.2024 in Writ Petition No.112491/2019 passed the following order: “i) Petition is allowed. ii) Writ of mandamus is issued, directing the respondents to consider the representation dated 14.06.2018 at Annexure-D, by conducting a joint survey and pass suitable orders in accordance with law within a - 3 - HC-KAR NC: 2025:KHC-D:15381-DB CCC No. 100213 of 2025 period of three months from the date of receipt of certified copy of this order.” 3. Today, learned counsel for accused No.2 files an affidavit of accused No.2-Sri. Devaraj R., Special Land Acquisition Officer & Competent Authority for Land Acquisition, National Highways Authority of India, Dharwad, enclosing office order (Document No.5) dated 06.11.2025, whereunder, it is ordered to pay compensation of Rs.12,80,840/- to the complainant. Learned counsel, Smt. Vidyavati M.Kotturshettar, for accused would submit that a cheque for the said amount would be handed over to the complainant during the course of the day. It is also submitted that a joint survey, as ordered, is also conducted in terms of Document No.1. The affidavit and the documents enclosed thereto are taken on record. On going through the affidavit and the documents, we are of the considered view that there is substantial compliance of the directions issued by this Court. 4. Sri. Ramachandra V.Bhat, learned counsel for the complainant seeks liberty to make a request for determination of compensation in accordance with the Right to Fair Compensation - 4 - HC-KAR NC: 2025:KHC-D:15381-DB CCC No. 100213 of 2025 and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is always open for the complainant to seek determination of the compensation in accordance with law. With the above observation, the contempt proceedings stand dropped. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 53