Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010838882025 NC: 2026:KHC:52893-DB CCC No. 1656 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU CIVIL CONTEMPT PETITION NO. 1656 OF 2025 BETWEEN:
SMT. JAGANMATHE D/O LATE CHIKKANNA AGED ABOUT 45 YEARS, R/O DASENAHALLI VILLAGE, HESARAGHATTA HOBLI, YALAHANKA TALUK - 560 089, (PREVIOUSLY BENGALURU NORTH TALUK). …COMPLAINANT
(BY SRI.KUMBAR VASANT FAKEERAPPA, ADVOCATE)
AND:
1.
SRI. SHREYAS, FATHERS NAME NOT KNOWN, MAJOR WORKING AS TAHSILDAR, MINI VIDHANA SOUDHA, YELAHANKA-560 064. …ACCUSED
2.
THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S.OFFICE BUILDING, DR.AMBEDKAR VEEDI, BENGALURU - 560 001, REP. BY PRINCIPAL SECRETARY.
…PROFORMA RESPONDENT NO.2 (BY SMT.B.SUKANYA BALIGA, AGA FOR PROFORMA R2; A1 SERVED)
Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010838882025 NC: 2026:KHC:52893-DB CCC No. 1656 of 2025
THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, PRAYING TO PUNISH THE ACCUSED NO.1 FOR COMMITTING WILLFUL DISOBEDIENCE OF ORDER PASSED BY THIS HON'BLE COURT IN W.P.NO.15061/2025(KLR-RR/SUR) DATED 07.07.2025 IN ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
Heard the learned counsel for the complainant.
2. This petition is filed alleging willful disobedience of an
order dated 07.07.2025 passed in Writ Petition No.15061/2025. The operative part of the order, contempt of which is alleged, reads as follows:
"3. Having taken note of the submissions made by
learned counsel appearing for the parties and the claim made by the petitioner herein at Annexure - 'E and F', would indicate that the land in question has been granted in favour of mother of the petitioner. In that view of the matter, respondent No.2 is directed to consider the representations of the petitioner as at Annexures - 'E and F' dated 03.07.2023 and 08.08.2023 respectively, in accordance with law, within outer limit of three months from the date of receipt of certified copy of this order. - 3 -
HC-KAR
CNR: KAHC010838882025 NC: 2026:KHC:52893-DB CCC No. 1656 of 2025
4. Accordingly, the writ petition stands disposed of."
3. A compliance affidavit is filed by the learned AGA which is sworn by Syed Khaleemulla, Tahsildar, Yelahanka Taluk, paragraph Nos.4 to 9 read as follows:
4. I state that, upon receipt of the certified copy of the aforesaid order dated 07.07.2025 passed by this Hon'ble Court in W.P. No.15061/2025, this office undertook a detailed verification of the relevant revenue records pertaining to Survey No. 35 and Survey No.29 of Dasenahalli Village, Hesaraghatta Hobli, Yelahanka Taluk, with a view to considering the representations of the Petitioner/Complainant in accordance with law. 5. I state that upon such verification of revenue records, it was found that the lands measuring 3 Acres 20 Guntas in Survey No.35 and 1 Acre 15 Guntas in Survey No.29 of Dasenahalli Village, Hesaraghatta Hobli, Yelahanka Taluk, were originally Government Gomal (grazing) lands. The said lands were ordered to be regularised in the name of Smt. Siddramakka, spouse of Late Chikkanna (mother of the Petitioner/ Complainant), as per the proceedings of the Land Regularisation Committee vide Case No. LND/RMT/CR/1233/1991-92 in respect of Survey No.35 and Case No.LND/RMT/CR/367/1991-92 in respect of Survey No.29 respectively, and the requisite fee (Kimmattu) had also been paid. 6. I state that however, upon further verification of the revenue records and the applicable legal provisions, it was found that Survey Nos. 35 and 29 of Dasenahalli Village, Hesaraghatta Hobli, Yelahanka Taluk, falls within the 18 kilometre radius from the limits of the Bruhat Bengaluru Mahanagara Palike (BBMP).
This
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HC-KAR
CNR: KAHC010838882025 NC: 2026:KHC:52893-DB CCC No. 1656 of 2025
fact is duly evidenced by the official letter of the Managing Director of the Karnataka Public Lands Corporation and Ex-officio Secretary, Department of Revenue, bearing Letter No.KPLC/14/2010-11 dated 22.12.2010, wherein Dasenahalli Village is explicitly listed in the schedule of villages falling within an 18 km radius from the BBMP limits. 7. I state that in view of the aforesaid factual position, the subject lands falls squarely within the ambit of the 18 Kilometre Notification Area. As per the provisions of Section 94(A) of the Karnataka Land Revenue Act, 1964, and the applicable Government notifications and directions, no regularisation or grant of Government land situated within an 18 km radius from the limits of the BBMP can be made. Consequently, the issuance of a Saguvali Chit (Cultivation Certificate) in respect of the said lands is legally impermissible at this stage, in view of the subsisting statutory and regulatory bar applicable to lands falling within the said 18 km radius notification area. 8. I further state that pursuant to the Demi- Official Letter No. RD 38 LGB 2022 dated 09.12.2022 issued by the Secretary to Government, Revenue Department, Bengaluru, and the consequential letter issued by the Office of the Deputy Commissioner, Bengaluru Urban District (Bengaluru City District), all Tahsildars of the Taluks falling within the jurisdiction of the Sub-Division were directed to take action under Rule 108(K) of the Karnataka Land Revenue Rules, 1966, in respect of lands falling within the limits of BBMP/City/City Municipal Council/Town Panchayats, which were illegally granted by the Bagar Hukum Cultivation Regularisation Committee. In compliance with the aforesaid mandatory Government directions, and in light of the fact that Survey Nos. 35 and 29 of Dasenahalli Village fall within the 18 km radius of BBMP, action has been initiated under Rule 108(K) of the Karnataka Land Revenue Rules, 1966, for cancellation of the grant. - 5 -
HC-KAR
CNR: KAHC010838882025 NC: 2026:KHC:52893-DB CCC No. 1656 of 2025
9. I state that this office, upon due
consideration of the representations of the Petitioner/Complainant as directed by this Hon'ble Court in W.P. No.15061/2025, and upon finding that the subject lands bearing Survey Nos.35 and 29 of Dasenahalli Village fall within the prohibited 18 Kilometre Notification Area, has issued an Endorsement bearing No. LND/HEY/CR/185/2025- 26 dated 27.10.2025, explaining in detail the legal impediment that prevents any further action for issuance of the Saguvali Chit at this stage. The aforesaid Endorsement is produced herewith and is marked as ANNEXURE-R1 to this Affidavit."
4. In our opinion, the order of the writ Court has been complied with.
5. At this stage, learned counsel for the complainant states that the mother of the petitioner / complainant had earlier filed a Writ Petition bearing No.8347/2007, which came to be disposed of on 03.12.2008, which reads as follows:
“ORDER
The grievance of the petitioner is that though the Committee for Regularization of Unauthorized Occupation, has regularized her occupation over the lands bearing Sy.No.29, to an extent of 1 acre 15 guntas and Sy.No.35, measuring 3 acres 20 guntas, situated at Dasenahalli Village, Bangalore North Taluk, saguvali chit is not issued to her. The petitioner places reliance on the document at Annexure-D, the resolution passed by the Regularization Committee dated 8.7.2002.
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HC-KAR
CNR: KAHC010838882025 NC: 2026:KHC:52893-DB CCC No. 1656 of 2025
2. The resolution dated 8.7.2002 passed by the Regularization Committee reveals that the petitioner's unauthorized occupation over the land to an extent of 3 acres 20 guntas and 1 acre 15 guntas is regularized subject to the result of WP.No.25310/2001. According to the petitioner, she has paid necessary premium amount, which she was required to pay after regularization. It is not in dispute that WP.No.25310/2001 is dismissed by the Division Bench of this Court on
6.2.2004. Thus, it is prayed to implement the resolution of the Committee, which has regularized the unauthorized occupation of the petitioner to an extent of 3 acres 20 guntas in Sy.No.35 and 1 acre 15 guntas in Sy.No.29 of Dasenahalli Village.
However, the learned Government Advocate submits that the Tahsildar has not passed any
order pursuant to the resolution of the Regularization Committee and that the petitioner has not paid the required amount of premium in spite of repeated notices. Thus, the saguvali chit is not issued in her favour.
3. If the petitioner has complied with all the requirements of law, including the payment of premium amount, and if her prayer is in accordance with law, the same is entitled to be allowed. If the petitioner has not paid the amount of premium or the amounts as required by law, she will have to do so within eight weeks from today. If the petitioner has already paid the amount of premium, then respondents 2 and 3 shall take steps in accordance with law, as expeditiously as possible, but not later than the outer limit of four months from the date of receipt of this order.
Writ petition is disposed of with the above observations.”
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HC-KAR
CNR: KAHC010838882025 NC: 2026:KHC:52893-DB CCC No. 1656 of 2025
6. When queried, learned counsel for the complainant has not been able to demonstrate whether this order dated 03.12.2008 was part of the writ petition. It is certainly not part of this contempt petition.
7. Moreover, a perusal of the order of 03.12.2008 reflects that certain compliances were required to be done by the mother of the petitioner/complainant. It has not been demonstrated whether those compliances were made. In this view of the matter, in our considered opinion, no contempt is made out. The contempt petition is therefore consigned.
Sd/- (JAYANT BANERJI) JUDGE
Sd/- (TARA VITASTA GANJU) JUDGE
KG List No.: 1 Sl No.: 12