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2025 DAILYLAW 65416 (KAR)

PUNDALIK S/O KRISHNA APPINBAIL v. SMT DIVYA PRABHU G.R.J I.A.S

CCC/100083/2025 · 2025-09-11

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:11758-DB CCC No. 100083 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH 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.100083/2025 (CIVIL) BETWEEN: PUNDALIK S/O. KRISHNA APPINBAIL, AGE: 63 YEARS, OCC: AGRICULTURE, R/O. 8, 9 SRI. SHALMALA MUKUND NAGAR, GOKUL ROAD, BEHIND NEW BUS STAND, HUBBALLI, DIST. DHARWAD-580004. …COMPLAINANT (BY SRI. NANDISH PATIL, ADVOCATE) AND: 1. SMT. DIVYA PRABHU, G.R.J, I.A.S, DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, DHARWAD. …ACCUSED 2. THE STATE OF KARNATAKA, REP. BY AGA. …PROFORMA RESPONDENT (BY SRI. PRAVEEN UPPAR, AGA FOR A1 AND A2) THIS CCC IS FILED U/S.11 & 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 DATED 23.10.2024 PASSED IN W.P. NO. 105401/2024 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11758-DB CCC No. 100083 of 2025 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 willful disobedience of the order of the learned Single Judge dated 23.10.2024 passed in W.P.No.105401/2024. The operative portion of the learned Single Judge reads as under: “ORDER i. The petition is allowed. ii. The endorsement dated 08.11.2023, vide Annexure- H, issued by the respondent is hereby quashed. iii. A writ of mandamus is issued to the respondent to grant conversion of land to the property bearing Sy.No.232/22 (Block No.232/2) measuring 08 acres 27 guntas, situated at Gamanagatti village in Hubballi taluka of Dharwad district from agricultural to non-agricultural/residential purposes within a period of six weeks from the date of receipt of a copy of this order. iv. It is needless to mention that if any fee is required to be collected, the same shall be collected and - 3 - HC-KAR NC: 2025:KHC-D:11758-DB CCC No. 100083 of 2025 necessary endorsement shall be issued as it amounts to deemed conversion in accordance to section 95(2)(i) of the Karnataka Land Revenue Act.” 2. Learned AGA appearing for the respondent filed a memo. Memo reads as under: “The Respondent/State submits as under: The present Contempt is filed praying this Hon’ble Court for initiating contempt proceedings against Respondent/accused for wilfull disobedience of the Order dated 23.10.2024 passed in W.P.No.105401/2024. Now the Karnataka Housing Board Authority have filed W.P.No.104947/2025 seeking revival and recalling order dated 23.10.2024 in W.P.No.105401/2024. The said writ petition was posted before learned Single Judge and this Hon’ble Court passed an impugned order directing the respondents not to precipitate the matter till next date of hearing. The online copy of the same is produced along with this memo. The same may kindly be placed on record in the interest of justice. Hence, this memo.” 3. In view of the order of the learned Single Judge in W.P.No.104947/2025, the contempt proceedings are dropped - 4 - HC-KAR NC: 2025:KHC-D:11758-DB CCC No. 100083 of 2025 with a liberty to file fresh contempt petition after disposal of the aforesaid writ petition if need arises. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 1 Sl No.: 15