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2025 DAILYLAW 8456 (KAR)

SMT SUJATA W/O M GANAPATI HEBBAR v. SANDEEP UPPAR

CCC/100026/2025 · 2025-06-26

K V Aravind, R Devdas

Contempt Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:8043-DB CCC No. 100026 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.100026 OF 2025 BETWEEN: SMT. SUJATA W/O. M. GANAPATI HEBBAR, AGE. 50 YEARS, OCC. SERVICE, R/O. H.NO.IA/1023, 14TH BLOCK, TOWNSHIP, DANDELI-581325, TQ. DANDELI, DIST. UTTAR KANNADA. …COMPLAINANT (BY SRI. D.J. NAIK, ADVOCATE) AND: 1. SANDEEP UPPAR, DEPUTY DIRECTOR OF LAND RECORDS (DDLR) KARWAR, DIST. UTTAR KANNADA-497001. …ACCUSED 2. THE STATE OF KARNATAKA, DIRECTOR MUNICIPAL ADMINISTRATION, VIKAS SOUDHA, BENGALURU-01, REPRESENTED BY AGA Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8043-DB CCC No. 100026 of 2025 HIGH COURT OF KARNATAKA, DHARWAD. …PROFORMA RESPONDENT 3. VIVEK BANNE, COMMISSIONER, C.M.C. DANDELI, DANDELI, DIST. UTTAR KANNADA, …ACCUSED (BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR A1 AND R2; SRI. CHETAN MUNNOLI, ADVOCATE FOR A3) 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 INITIATE THE CONTEMPT PROCEEDINGS AGAINST A-1 ACCUSED FOR THE OFFENCES COMMITTED BY HIM FOR THE DISOBEDIENCE OF THE ORDER DATED 21-06-2024 PASSED BY THE LEARNED SINGLE JUDGE HIGH COURT OF KARNATAKA BENCH AT DHARWAD IN W.P. NO.103232/2024 (KLR-RES) ANNEXURE-H AND ETC.,. THIS CONTEMPT PETITION, COMING ON FOR ORDERS, 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 - 3 - HC-KAR NC: 2025:KHC-D:8043-DB CCC No. 100026 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) On 04.06.2025, when the matter come up before this Court, we found that the petitioner had purchased a residential site from one Smt.C.V.Subbalaxmi under registered sale deed dated 20.10.2008. It is stated in the sale deed that the Smt.C.V.Subbalaxmi had purchased the property from the Commissioner, CMC, Dandeli under the registered sale deed dated 26.06.2006. We therefore directed the Commissioner to conduct a survey and identify the boundaries and file a report before this Court. Accordingly, learned counsel for the respondent-Commissioner, CMC, Dandeli has today filed a memo along with report of the Commissioner. 2. It is stated in the report that after conducting the survey, it is found that site No.440 belonging to the petitioner is measuring 2113.69 Sq.fts. which means 586.31 sq. fts. is lesser than what is found in the sale deed. However, the neighboring sites i.e. site No.439 is having about 232.53 sq. fts in excess and site No.441 is having 1712.15 sq fts in excess. - 4 - HC-KAR NC: 2025:KHC-D:8043-DB CCC No. 100026 of 2025 3. Learned counsel would therefore submit that the directions issued by the learned single judge have been complied by considering the representation given by the petitioner. However, the petitioner will have to take action in accordance with law in the matter of the reduction of the extent of the site belonging to the petitioner. 4. We accept the submission made by the learned counsel for the respondent-Commissioner, CMC, Dandeli. 5. The petitioner will have to proceed in accordance with law to recover the exact extent of land in terms of the sale deed by taking steps in accordance with law. 6. The contempt petition is accordingly closed. Ordered accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE HMB CT: UMD, List No.: 1 Sl No.: 6