- 1 - NC: 2025:KHC-K:2135-DB CCC No. 200030 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 3RD 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.200030 OF 2025 BETWEEN: SHAH JALALODDIN AKBAR S/O SHAH ABDUL FAIZ KUNJANASHI, AGED ABOUT 52 YEARS, OCC: AGRICULTURE, R/O CHIDRI VILLAGE, TQ. AND DIST. BIDAR-585403. …COMPLAINANT (BY SRI RAVI B. PATIL, ADVOCATE) AND: 1. SMT. SHILPA SHARMA, IAS THE DEPUTY COMMISSIONER, BIDAR DISTRICT, D.C. OFFICE, BIDAR-585401. …ACCUSED 2. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT M. S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU-01. …PROFARMA PARTY (BY SRI SHIVAKUMAR TENGLI, AGA FOR R-2; Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2135-DB CCC No. 200030 of 2025 NOTICE TO R-1 IS SERVED) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTION 2 (b) READ WITH SECTION 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO INITIATE PROCEEDINGS AGAINST THE ACCUSED NO.1 FOR COMMITTING CONTEMPT OF LAWFUL ORDER PASSED IN WRIT PETITION NO.201312/2023 DATED 25.09.2023 VIDE ANNEXURE-A AND PUNISH THE ACCUSED NO. 1 IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 contempt petition is filed alleging willful disobedience of the order of the learned Single Judge dated 25.09.2023 passed in W.P.No.201312/2023 (KLR- RR/SUR). The operative portion of the order of the learned Single Judge reads as under: “8. Accordingly, the writ petition is allowed. The impugned order dated 07.02.2023 passed by respondent No.1, is set aside. The matter is remitted to respondent No.1 to reconsider the issue afresh and pass appropriate orders in accordance with law taking into account the observations made - 3 - NC: 2025:KHC-K:2135-DB CCC No. 200030 of 2025 above and conducting survey in respect of the subject land which is carved out of original Sy.No.15 of Chidri village. 9. Respondent No.1 shall complete the said exercise within an outer limit of four months from the date of receipt of a certified copy of this order.” 2. The respondent – Deputy Commissioner, Bidar filed an affidavit dated 17.03.2025. The said affidavit is accompanied with an order dated 15.03.2023. The learned Additional Government Advocate appearing for the respondent submits that as per the direction of the learned Single Judge the decision has been taken by the Deputy Commissioner and order is passed. The learned counsel for the petitioner, in reply, submits that the said order is passed by the Deputy Commissioner without conducting survey as directed by the learned Single Judge. 3. Today, Smt. Shilpa Sharma, the Deputy Commissioner, Bidar, who is present before the Court, submits that the order dated 15.03.2025 is passed without conducting survey of Sy.No.15 of Chidri village as directed - 4 - NC: 2025:KHC-K:2135-DB CCC No. 200030 of 2025 by the learned Single Judge and she submits that she has already ordered for conducting survey and after survey she would pass order as directed by the learned Single Judge. 4. In view of the aforesaid statement of the Deputy Commissioner, Bidar, the order dated 15.03.2025 should be treated as an order only for conducting survey and not the order on merits of the case as directed by the learned Single Judge. The Deputy Commissioner further submits that the extent in Sy.No.15 of Chidri village is more than 254 acres and they need minimum one month’s time to complete the survey and thereafter she needs another one month’s time to pass order as directed by the learned Single Judge. 5. In view of the specific submission of the learned Deputy Commissioner, Bidar, the present contempt petition is dropped on the assurance of the Deputy Commissioner that the survey as directed by learned Single Judge would be completed and thereafter - 5 - NC: 2025:KHC-K:2135-DB CCC No. 200030 of 2025 appropriate orders would be passed in accordance with law. It is needless observe that if the undertaking is not adhered to, it is open for the petitioner to file a fresh contempt petition. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE SWK List No.: 1 Sl No.: 50 CT:SI