- 1 - HC-KAR NC: 2025:KHC:35879-DB CCC No. 259 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND CIVIL CONTEMPT PETITION No. 259 OF 2025 BETWEEN: 1. SRI R. VENUGOPALA, S/O LATE T.K.RANGASWAMY, AGED 51 YEARS, 2. SMT. JAYAMMA, W/O LATE G.K.RANGASWAMY, AGED 69 YEARS, 3. SMT. SUREKHA, D/O LATE G.K.RANGASWAMY, AGED ABOUT 44 YEARS ALL ARE RESIDENTS OF A CROSS, 3RD MAIN ROAD, BYTARAYANAPURA NEW LAYOUT, BENGALURU-560 026. …COMPLAINANTS (BY SRI CHANDRASHEKAR L., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001, REP. BY THE PRINCIPAL SECRETARY, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35879-DB CCC No. 259 of 2025 2. SHRI. RAJENDRA KUMAR KATARIA, THE PRINCIPAL SECRETARY, DEPARTMENT F REVENUE, STATE OF KARNATAKA, VIDHANA SOUDHA, VIDHANA VIDHI, BENGALURU - 560001. 3. SHRI JAGADEESHA G, IAS THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, BEHIND KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU-560 009. 4. SHRI BALACHANDRA, THE SPECIAL DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, BEHIND KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU-560 009. 5. SMT. APOORVA BIDARI, THE ASSISTANT COMMISSIONER, BENGALURU SOUTH TALUK, OFFICE OF THE ASSISTANT COMMISSIONER, KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU-560 009. 6. SHRI SRINIVAS, THE TAHASILDAR, BENGALURU SOUTH TALUK, OFFICE OF THE TAHASILDAR, BENGALURU-560 009. 7. SMT. KUSUMA LATHA, THE DEPUTY DIRECTOR OF LAND RECORD - 3 - HC-KAR NC: 2025:KHC:35879-DB CCC No. 259 of 2025 BENGALURU URBAN DISTRICT, BEHIND KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU-560 009. 8. SHRI SACHIN, THE ASSISTANT DIRECTOR OF LAND RECORD, BENGALURU SOUTH TALUK, KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU-560 009 …ACCUSED (BY SRI SHEIK ISMAIL ZABIULLA, AAG A/W SRI V. SHIVAREDDY, AGA) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971, BY THE COMPLAINANT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED, HEREIN FOR HAVING WILLFULLY DISOBEYED THE ORDER PASSED IN WA No.1331/2024 C/W CCC No.609/2024, DATED 18/12/2024, PRODUCED AT ANNEXURE-A AND THE ORDER DATED 21.09.2023 IN WP No.7880/2022 PASSED BY THIS HON'BLE COURT PRODUCED AT ANNEXURE-B AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND - 4 - HC-KAR NC: 2025:KHC:35879-DB CCC No. 259 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) This contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 is filed complaining disobedience of order dated 18.12.2024 in Writ Appeal No.1331/2024 connected with CCC No.609/2024. 2. On 21.09.2023, learned Single Judge in Writ Petition No.7880/2022 passed the following order: "17. Accordingly, the petition is allowed. The respondent Nos.3 to 7 are directed to complete the Phodi and Durasti proceedings by taking into account the reports at Annexures-'G', 'H' and 'J' and complete the proceedings within a period of three months from the date of receipt of certified copy of the order without raising any new objection in light of the discussion made hereinabove. Upon completion of Phodi and Durasti work, the consequential change of revenue entries in the names of petitioners is to be made within a period of one month thereafter, after following the procedure as per law." 3. Against the said order of the learned Single Judge, the State by Revenue Department filed Writ Appeal No.1331/2024 in the meanwhile, the complainants also filed CCC No.609/2024. The writ appeal and contempt - 5 - HC-KAR NC: 2025:KHC:35879-DB CCC No. 259 of 2025 petition were clubbed together, heard and disposed off by the common judgment dated 18.12.2024. 4. In the writ appeal, the Division Bench directed the respondent-authorities to conclude the phodi and durast work and to take them to its logical end and further granted four weeks' time from the date of receipt of the order copy to comply with the directions issued by learned Single Judge. As the respondent-accused failed to comply with the directions of the learned Single Judge as well as the Division Bench, the complainants filed the present Contempt Petition in CCC No.259/2025. 5. On issuance of notice, the respondent- authorities appeared before the Court and filed the affidavit dated 29.04.2025 of Sri.Srikanta, Assistant Director of Land Records, Bengaluru and the affidavit of Sri.H.Srinivas, Tahsildar, Bengaluru South Taluk. Paragraph 6 of the affidavits reads as follows: "I submit that, Assistant Director of Land Records by letter dated 29.04.2025 has forwarded the Survey Records to the DDLR for counter signature. - 6 - HC-KAR NC: 2025:KHC:35879-DB CCC No. 259 of 2025 A copy of the said letter is produced herewith and marked as Annexure-6. It is submitted that the DDLR after counter sign shall forwarded the same to Tahsildar to incorporate in the RTC. Thereafter, RTC will be generated within a period of 2 days. The above process shall be completed within a period of one week from today." 6. Thereafter, undertook to complete the issuance of RTC within two days and further, at para 7 of the affidavits, they undertook to complete the entire process of phodi and durast work within one week from the said date i.e., 29.04.2025. 7. The Tahsildar, specifically undertook to effect RTC after the countersignature by DDLR to the survey records. However, the respondent-authorities failed to adhere to the undertaking given to this Court. Hence, the complainant filed an application for revival of the contempt proceedings. This Court by order dated 16.07.2025 issued notice on I.A.No.1/2025 with a further direction to keep the respondent/accused Nos.7 and 8 to be present before the Court on the next date of hearing i.e. on 23.07.2025. When the matter was again listed on 29.07.2025, learned - 7 - HC-KAR NC: 2025:KHC:35879-DB CCC No. 259 of 2025 AGA submitted that on the said date, DDLR has countersigned and on the basis of the countersignature, RTC would be effected by 04.08.2025 and requested for listing the contempt petition on 05.08.2025. As requested, the contempt petition was ordered to be listed on 05.08.2025. Even on 05.08.2025, the respondents- accused failed to comply with the order of this Court and learned Additional Advocate General Sri.Sheik Ismail Zabiulla, sought further time for filing compliance report. Thereafter, two memos dated 06.08.2025 and 13.08.2025 rectifying the RTC are filed. 8. Sri. Sujay Kumar, Technical Assistant to Deputy Commissioner and Ex-officio, Deputy Director of Land Records, Bengaluru Urban District, has filed compliance affidavit dated 20.08.2025, so also Sri.H.Srinivas, Tahsildar, now working at Madhugiri Taluk, has filed compliance affidavit dated 29.08.2025 and Sri. Srikanta, Technical Assistant Director of Land Records, Bengaluru South Taluk, also filed compliance affidavit dated - 8 - HC-KAR NC: 2025:KHC:35879-DB CCC No. 259 of 2025 29.08.2025. Sri. Sujay Kumar, Technical Assistant to Deputy Commissioner and Ex-officio, Deputy Director of Land Records, Bengaluru further filed affidavit dated 30.08.2025. In addition, one Smt. P.S. Kusumalatha, Deputy Director of Land Records, Bengaluru Rural District who was working as Deputy Director of Land Records, Bengaluru Urban District upto 16.06.2025 also filed compliance affidavit wherein, she states that by the time she could render her signature in the Akarbandh, perusing the clarification received in comparison of the relevant records, she came to be transferred on 16.06.2025. Thereafter, better affidavit dated 01.09.2025 of Smt.P.S.Kusumalatha is filed. Sri.Sujay Kumar, Technical Assistant to Deputy Commissioner and Ex-officio, Deputy Director of Land Records has filed better affidavit of compliance dated 08.09.2025. 9. On going through the several affidavits filed by the concerned respondent/accused officials, the respondents/accused persons have admitted the delay in - 9 - HC-KAR NC: 2025:KHC:35879-DB CCC No. 259 of 2025 complying with the order of this Court. Admittedly, the respondents, in the affidavits filed by them on 29.04.2025, undertook to comply the order of this Court within one week. However, that undertaking is given a goby and two months after filing of the revival application, the orders are complied with. The respondents in their affidavits have apologised for the inaction and the delay in implementing the order passed by this Court. Learned Additional Advocate General Sri. Sheik Ismail Zabiulla on behalf of the accused persons would assure the Court that in future, such delay in implementing the Court order would not be repeated. 10. On going through the affidavits, the documents produced and considering the submissions of learned counsels, we are of the view that there is substantial compliance of the orders passed by this Court. However, if there is any grievance with regard to phodi and durast, it is open for the petitioners to avail appropriate remedy available in law. - 10 - HC-KAR NC: 2025:KHC:35879-DB CCC No. 259 of 2025 11. Sri.Srikanta, Assistant Director of Land Records, Bengaluru, Sri.H.Srinivas, Tahsildar, Bengaluru South Taluk, Sri.Sujay Kumar, Technical Assistant to Deputy Commissioner and Ex-officio, Deputy Director of Land Records and Smt. P.S. Kusumalatha, Deputy Director of Land Records, Bengaluru Rural District are present before the Court. 12. With the above observations, the further proceedings are dropped. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU/List No.: 1 Sl No.: 49