- 1 - HC-KAR NC: 2025:KHC-D:8057-DB CCC No. 100196 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH 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.100196 OF 2025 BETWEEN: 1. DR. V.M. KERUDI, RTD. DOCTOR, AGE: 82 YEARS, ASHOK CIRCLE, EASTERN EXTENSION, KERUDI COMPLEX, RANEBENNUR-581115, HAVERI MO:8861356905 PARTY-IN-PERSON (HAVERI DIST.) EMAIL: DRVMKERUDI@GMAIL.COM 2. SHIVAYOGI V.KERUDI, AGE: 49 YEARS, …COMPLAINANTS (BY DR. SRI V.M. KERUDI, PARTY-IN-PERSON) AND: 1. INGALGI F.I. CMC COMMISSIONER, STATION ROAD, RANEBENNUR, HAVERI DIST., KARNATAKA. …ACCUSED 2. R.H. BHAGAVAN, TAHSILDAR, MINI VIDHAN SOUDHA, P.B. ROAD, RANEBENNUR-581115, HAVERI DISTRICT, KARNATAKA, THOUGH THE STATE OF KARNATAKA, AG OFFICE. …PROFORMA RESPONDENT (BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR A2/R2) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8057-DB CCC No. 100196 of 2025 THIS CONTEMPT PETITION 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, (A) WHEREFORE IT IS MOST RESPECTFULLY PRAYED THAT HIGH COURT TO ALLOW THIS CONTEMPT WHERE R1 CMC, COMMISSIONER, INTENTIONALLY, DELIBERATELY, MISGUIDED HIGH COURT DURING REVIVAL PROCEEDINGS STATING MISUNDERSTANDING OR OWN UNDERSTANDING OF THE COURT ORDER TWICE DATED 06.11.2024 AND DATED 29.04.2025 WOULD NOT BE PERMISSIBLE DEFENCE. (B) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTIONS DIRECTING TO ISSUE OCCUPANCY CERTIFICATE TO PETITIONER/COMPLAINANT UNDER FORM 9(2-5) OF KLR RULES 1966/KLR ACT 1964 SECTION 164(2) S 159 READ WITH RULE 94/A FOLLOWING ON TERMS OF APPLICABLE LAW AND ETC. THIS CONTEMPT PETITION, COMING ON FOR PRELIMINARY HEARING, 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 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) The petitioner – party-in-person who had earlier filed a contempt petition in CCC No.100203/2024 has once again filed this contempt petition alleging that the 1st respondent – Commissioner, CMC, Ranebennur has intentionally, deliberately misguided during revival proceedings and has declined to issue occupancy certificate in Form No.9. 2. However, we find from the orders passed in CCC No.100203/2024 that the Co-ordinate Bench has held that - 3 - HC-KAR NC: 2025:KHC-D:8057-DB CCC No. 100196 of 2025 there is no specific direction in the writ petition or writ appeal for issuance of Occupancy Certificate in Form No.9. Therefore, while disposing of the contempt petition, liberty was reserved to the complainants to submit applications with the jurisdictional Tahsildar and/or the Commissioner for Occupancy Certificate in Form No.9 under KLR Act/KLR Rules. It was also directed that if the complainants have any cause against the consideration of such application or the non-consideration thereof, they must avail the remedy under the appropriate law, but cannot seek revival of the complaint. Liberty was reserved to the complainants to make such application within four weeks and the jurisdictional Tahsildar and Commissioner were directed to communicate their decision independently within a period of six weeks from the date when the application is filed by the complainants. 3. Now it is the grievance of the complainants that the Commissioner has rejected the application and has not issued the occupancy certificate. Therefore, having regard to the directions already issued by the Co-ordinate Bench, the complainants may have a fresh cause of action to question the - 4 - HC-KAR NC: 2025:KHC-D:8057-DB CCC No. 100196 of 2025 action of the Commissioner in not issuing occupancy certificate. However, no contempt would arise having regard to the facts of the case narrated hereinabove. 4. Accordingly, the contempt petition is dismissed. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE CLK CT: UMD List No.: 1 Sl No.: 21