- 1 - NC: 2025:KHC-D:114-DB CCC No. 100298 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH 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. 100298 OF 2024 BETWEEN: MARUTESHWARA SHIKSHANA AND SAMAJA VIKASA TRUST, REPRESENTED BY ITS AUTHORIZED PERSON, DR. SUDHEER KADAPPA PATIL, AGED ABOUT YEARS, AT POST SORGAON, TQ. MUDHOL, DIST. BAGALKOT. …COMPLAINANT (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: 1. SHWETA BIDEKAR, ASSISTANT COMMISSIONER, OFFICE OF THE ASSISTANT COMMISSIONER, JAMKHANDI. …ACCUSED VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.10 11:09:45 +0530 - 2 - NC: 2025:KHC-D:114-DB CCC No. 100298 of 2024 2. STATE OF KARNATAKA, REP. BY CHIEF SECRETARY REVENUE, VIDHANA SOUDHA, BENGALURU-560001. …PROFORMA ACCUSED (BY SRI. PRAVEEN K. UPPAR, AGA FOR ACCUSED) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO SECURE THE PRESENCE OF ACCUSED, INITIATE CONTEMPT PROCEEDINGS AND PUNISH THEM FOR HAVING COMMITTED CONTEMPT FOR NEITHER INITIATING ACQUISITION PROCEEDINGS TO DETERMINE THE MARKET VALUE, AND NOR PAID ANY COMPENSATION TILL TODAY, THOUGH THIS HON’BLE COURT ALLOWED THE WRIT PETITION, THE ACCUSED ARE VIOLATING THE ORDER PASSED IN WRIT PETITION NO.100957/2024 DATED 21/02/2024 PRODUCED AT ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY. 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:114-DB CCC No. 100298 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The complainant has filed a writ petition in WP No.100957/2024 which is disposed of by the Writ Court on 21.02.2024 with direction that reads as under:- “Therefore, it is expedient to dispose of the petition directing the respondent No.2 to consider the representation dated 13.12.2023 at Annexure-F, and pass appropriate order in accordance with law within a period of three months. Upon inspection of the acquired land, if it is found that there is a structure, the respondent No.2, to initiate acquisition proceedings to determine the market value, and pay compensation in accordance with law.” The jurisdictional Assistant Commissioner [the first respondent], with the service of notice of the present complaint, has filed an affidavit offering unconditional apology for the delay in compliance stating in detail the reason for consideration of the petitioner’s representation in terms of the Official Memorandum dated 28.11.2024. Sri.Praveen K. Uppar, the learned Additional Government - 4 - NC: 2025:KHC-D:114-DB CCC No. 100298 of 2024 Advocate, submits that the first respondent after ascertaining the existence of the structure in the complainant’s land has passed an additional award and the award is forwarded for due approval by the competent authority. This Court is satisfied that there is due compliance and therefore, the proceedings are dropped but without prejudice to the complainant to pursue remedy available in law if there is cause. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE VMB/CT-AN List No.: 1 Sl No.: 21