Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 9157 (KAR)

SHARANAPPA v. D L GAGRE AND ORS

CCC/200037/2025 · 2025-04-25

K Natarajan, Vijaykumar A Patil

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-K:2472-DB CCC No. 200037 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO.200037 OF 2025 () BETWEEN: SHARANAPPA S/O MAHADEVAPPA MANTRI, AGED ABOUT 73 YEARS, OCC: AGRICULTURE, R/O ROOM NO.8, ACC COLONY, STRT BLOCK NO.45, WADI (JN.)-585211, TQ. CHITTAPUR, DIST. KALABURAGI-585211. …COMPLAINANT (BY SRI. SIDRAMAPPA R. HOSMANI, ADVOCATE) AND: 1. D. L. GAGRE THE ASST. EXECUTIVE ENGINEER, PWD AND IWTD DIVISIONAL OFFICE, SEDAM-585222, DIST. KALABURAGI. 2. DR. HAMPANNA. S. SAJJAN, THE SPECIAL LAND ACQUISITION OFFICER, AND ASSISTANT COMMISSIONER, YADGIRI-585201. Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2472-DB CCC No. 200037 of 2025 3. HASAPPA, IAS, THE ASSISTANT COMMISSIONER, SEDAM-585222, DIST. KALABURAGI. …ACCUSED 4. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, DR. AMBEDKAR VEEDHI, VIDHAN SOUDHA, BANGALORE-560001 …PROFARMA PARTY (BY SRI. MALLIKARJUN BASAREDDY, GA FOR R/A-1 TO 4) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, PRAYING TO ISSUE NOTICE TO THE ACCUSED NOS.1 TO 3 SECURE THEIR APPEARANCE AND INITIATE CONTEMPT OF COURT PROCEEDINGS FOR WILLFULLY DISOBEYING THE ORDER PASSED BY THIS HON’BLE COURT IN W.P.NO.205239/2019 (LA-RES), ORDER DATED 19-03-2024 AND PUNISH THEM IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:2472-DB CCC No. 200037 of 2025 CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) This petition is filed alleging willful disobedience of the order of the learned Single Judge dated 19.03.2024 passed in W.P.No.205239/2019 (LA-RES), the operative portion of the order of the learned Single Judge reads as under:- “i. The writ petition is allowed. ii. Respondent Nos.4 to 6 are directed to consider Annexure F and F1 to F4 and pass appropriate orders within a period of three months from today.” 02. The respondents have filed affidavit of Sri. Prabhayya s/o Shivasharanayya, working as In-charge Executive Engineer, PWD at Sedam, Dist: Kalaburagi. The relevant paragraph of the affidavit reads as under:- - 4 - NC: 2025:KHC-K:2472-DB CCC No. 200037 of 2025 “I state that, after the up gradation of the said road to National Highway an extent of 1780.39 Square meters in Sy.No.49/2 and award passed and award amount to the tune of Rs.34,92,862/- was paid to the complainant and thereafter, it appears the complainant has filed the representations taking the undue of the advantage of the award passed by the NHAI seeking for compensation of his survey numbers wherein since long back the Major District Road and thereafter the State Highway was in existence.” 03. The learned Government Advocate also filed memo along with the documents. Memo indicates that the Assistant Commissioner and the Special Land Acquisition Officer, Yadgir have sent the communication dated 21.04.2025 to the petitioner indicating that the award dated 14.02.2020 was passed insofar as 17 guntas of land in Sy.No.49/2 of Wadi village and the copy of the award is also made available. - 5 - NC: 2025:KHC-K:2472-DB CCC No. 200037 of 2025 04. In view of the aforesaid affidavit and documents on record, we are of the considered view that no further orders are required to be passed in this proceeding. Accordingly, the contempt proceeding is dropped. 05. It is open for the petitioner to avail other remedies available under law. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE KJJ List No.: 1 Sl No.: 10 CT:SI