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2025 DAILYLAW 6627 (KAR)

BASHIRHAMMAD S/O RASULSAB ALIAS RASOOLSAB MOMIN v. SRI NITESH PATIL

CCC/100259/2024 · 2025-02-19

B M Shyam Prasad, Ramachandra D Huddar

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:3334-DB CCC No. 100259 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CIVIL CONTEMPT PETITION NO. 100259 OF 2024 BETWEEN: BASHIRHAMMAD, S/O RASULSAB ALIAS RASOOLSAB MOMIN AGE: 66 YEARS, OCC.: AGRICULTURE, R/O. YADAWAD VILLAGE, TQ. MUDALAGI, DIST. BELAGAVI. - COMPLAINANT (BY SRI. GANGADHAR S. HOSAKERI, ADVOCATE) AND: 1. SRI NITESH PATIL, AGE: 38 YEARS, OCC.: THE SPECIAL DEPUTY COMMISSIONER, LAND ACQUISITION, REHABILITATION AND RECONSTRUCTION, MAJOR IRRIGATION PROJECT, BELAGAVI, TQ. BELAGAVI, DIST. BELAGAVI, PRESENTLY WORKING AS DIRECTOR, MICRO, SMALL AND MEDIUM ENTERPRISES, BENGALURU. 2. SRI M.H. TOTAGI, AGE: MAJOR, OCC.: THE EXECUTIVE ENGINEER, NIRAVARI NIGAM (GRBCC), KOUJALAGI, TQ. GOKAK, DIST. BELAGAVI. 3. SRI CHANDRAMOULI, AGE: MAJOR, OCC.: THE SPECIAL LAND ACQUISITION OFFICER, HIDAKAL DAM, TQ. HUKKERI, DIST. BELAGAVI. - ACCUSED Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3334-DB CCC No. 100259 of 2024 4. THE STATE OF KARNATAKA R/BY. S.P.P, HIGH COURT PREMISES, DHARWAD-580001. - PROFORMA RESPONDENT (BY SRI. G.K. HIREGOUDAR, PRINCIPAL GOVERNMENT ADVOCATE FOR A1, A3 & PROFORMA RESPONDENT; SRI. ARAVIND D. KULKARNI, ADVOCATE FOR A2) THIS CIVIL 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 INITIATE CONTEMPT PROCEEDINGS AND PUNISH THE ACCUSED FOR THE WILLFUL DISOBEDIENCE AND NON COMPLIANCE OF THE FINAL ORDER DATED 20.02.2024 PASSED IN WRIT PETITION NO. 100718/2024 (LA-RES) VIDE ANNEXURE-B & ETC. THIS CONTEMPT PETITION, 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 - 3 - NC: 2025:KHC-D:3334-DB CCC No. 100259 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD) This complaint is filed alleging disobedience with the directions in W.P. No. 100718/2024 which reads as under: “Therefore, it is expedient to direct the respondent Nos.2 and 4 to consider the proposal submitted by the respondent No.3 and pass appropriate order in accordance with law within a period of three months from the date of receipt of certified copy of this order. If upon considering the proposal, that the petitioners’ land has been utilized for the purpose of construction of distributor canal, the respondent Nos.2 and 4 to initiate acquisition proceedings within three months from the date thereafter.” With service of notice, it is stated before this Court on 05.02.2025 that a recommendation has been forwarded for acquisition of the petitioners’ land and that approval from the Principal Secretary, Department of Major Irrigation, Government of Karnataka is issued. Sri G.K. Hiregoudar, the learned Principal Government Advocate, now places on record that notification is also issued under Section 11(1) of - 4 - NC: 2025:KHC-D:3334-DB CCC No. 100259 of 2024 The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In view of the afore, this Court must infer that there is due compliance, and as such, the proceedings are dropped. The pending applications stand disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 16