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2025 DAILYLAW 9886 (KAR)

SAJEEDA PATEL v. VEERANNA GANAJALKHED

CCC/200051/2025 · 2025-04-07

K Natarajan, Vijaykumar A Patil

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-K:2214-DB CCC No. 200051 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 7TH 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. 200051 OF 2025 BETWEEN: SAJEEDA PATEL W/O SHOUKATH ALI PATEL, AGED ABOUT 50 YEARS, OCC: HOUSE HOLD, R/O HOUSE NO.1-892/10C, NEAR CHILDREN GARDEN, SHAHABAZ COLONY, OLD JAWERGI ROAD, KALABURAGI – 585102. …COMPLAINANT (BY SRI LIYAQAT FAREED USTAD, ADVOCATE) AND: 1. VEERANNA GANAJALKHED (ADLR) OFFICE OF THE ASSISTANT DIRECTOR OF LAND RECORDS, TALUKA SURVEYOR, KALBURAGI TQ, KALBURAGI DISTRICT – 585101. 2. SRIKANT NATEKAR LICENCED SYRVEYOR THE SURVEYOR, TALUKA SURVEYOR OFFICE, KALBURAGI TQ, KALBURAGI DISTRICT – 585101. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2214-DB CCC No. 200051 of 2025 3. RANJAN W/O PRAPUL KUMAR MEHTA, AGE: 70 YEARS, R/O HOUSE NO.1-22/C, COURT ROAD, BEHIND MINI VIDHANA SOUDHA, MEHTA COMPOUND, KALABURGI, KALBURAGI TQ, KALBURAGI DISTRICT – 585102. 4. PREETHAM S/O PRAPUL KUMAR MEHTA, AGE: 56 YEARS, R/O HOUSE NO.1-22/C, COURT ROAD, BEHIND MINI VIDHANA SOUDHA, MEHTA COMPOUND, KALABURGI, KALBURAGI TQ, KALBURAGI DISTRICT – 585102. 5. CHAKOR S/O PRAPUL KUMAR MEHTA, AGE: 54 KNOWN, R/O HOUSE NO.1-22/C, COURT ROAD, BEHIND MINI VIDHANA SOUDHA, MEHTA COMPOUND, KALABURGI, KALBURAGI TQ, KALBURAGI DISTRICT – 585102. 6. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU – 560001. …ACCUSED (BY SRI. SHIVAKUMAR TENGLI, ADV. FOR R1, R2 & R6; SRI UDAYA P. HONGUNTIKAR & SMT. ANJALI S. INAMDAR, ADVS., R3 TO R5) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR VIOLATION OF THE INTERIM ORDER DATED 25.02.2025 IN WP NO.200521/2025 VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:2214-DB CCC No. 200051 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 contempt petition is filed alleging willful disobedience of the interim order dated 25.02.2025 passed in W.P.No.200521/2025 by the learned Single Judge of this Court. The said order reads as under: “Office objection at Sl.No.1 is over-ruled by accepting the submission of learned counsel for the petitioner. Learned Additional Government Advocate is directed to take notice for respondent Nos.1 to 5. Issue emergent notice to respondent Nos.6 to 8. Till the next date of hearing, the fixation of boundaries of Sy.No.82/3 of Azadpur village, Kalaburagi Taluk and District, is stayed.” 2. The respondent Nos.1 and 2 have filed detailed affidavits explaining that there is no willful disobedience of the interim order of the learned Single Judge. The - 4 - NC: 2025:KHC-K:2214-DB CCC No. 200051 of 2025 paragraph No.9 of the affidavit of Sri.Veeranna S/o: Neelakanth Ganajalkhed, reads as under: “9. I respectfully submit that, after uploading the survey file it was not approved by me since this Hon’ble Court was pleased to grant the interim order staying the fixation of boundaries of Sy.No.82/3 of Azadpur thereafter, I have issued intimation letter dated 15.03.2025 through RPAD to the complainant and the respondent No.3 intimating that in view of the interim order of stay was granted by the Hon’ble Court in WP.No.200521/2025, dated 25.02.2025 the final approval, of survey is withheld. The copy of the intimation letter dated 15.03.2025 is produced herewith and is marked as the Annexure-R7.” 3. Learned Additional Government Advocate appearing for respondent Nos.1, 2 and 6 on instructions from the officer submits that they would not take any further steps till the disposal of the writ petition. The said submission is placed on record. 4. We have perused both the affidavits of the officers. We are of the prima-facie view that there is no willful disobedience on the part of the respondents as alleged in the petition. - 5 - NC: 2025:KHC-K:2214-DB CCC No. 200051 of 2025 5. Without expressing any opinion with regard to rival contentions, the present contempt petition is dropped in view of the fact that the writ petition between the parties is still pending. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MSR List No.: 1 Sl No.: 15 CT: PS