- 1 - HC-KAR CNR: KAHC010348182024 NC: 2026:KHC:52219-DB CCC No. 624 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN CIVIL CONTEMPT PETITION NO. 624 OF 2024 BETWEEN: 1. HONNAMMA W/O LATE HOVAPPA SHEETY, AGED ABOUT 75 YEARS, 2. MANJAPPA SHETTY S/O LATE HOVAPPA SHEETY, AGED ABOUT 60 YEARS, 3. M H JAYARAM S/O LATE HOVAPPA SHEETY, AGED ABOUT 58 YEARS, 4. M H SURESH S/O LATE HOVAPPA SHEETY, AGED ABOUT 55 YEARS, 5. M H SAROJA D/O LATE HOVAPPA SHEETY, AGED ABOUT 54 YEARS, 6. M H PARAMESH S/O LATE HOVAPPA SHEETY, AGED ABOUT 52 YEARS, 7. M H VIJAY KUMAR S/O LATE HOVAPPA SHEETY, AGED ABOUT 50 YEARS, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010348182024 NC: 2026:KHC:52219-DB CCC No. 624 of 2024 ALL ARE R/AT MAGODU, ARENOOR VILLAGE, AVATHI HOBLI, KANATHI POST, CHIKAMAGALUR TALUK AND DISTRICT …COMPLAINANTS (BY SRI. A MADHUSUDHANA RAO., ADVOCATE) AND: 1. SMT. MEENA NAGARAJU. C. N. DEPUTY COMMISSIONER, CHIKKAMAGALUR TALUK, CHIKKAMAGALUR DISTRICT. 2. SRI SUMANTH THE TAHSILDAR, CHIKKAMAGALUR TALUK, CHIKKAMAGALUR DISTRICT. …ACCUSED 3. STATE OF KARNATAKA REP BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST ECOLOGY AND ENVIRONMENT, M.S.BUILDING, BANGALORE - 560001 …PROFORMA RESPONDENT No.3 (BY SRI. BHAIRAV KUTTAIAH, AGA FOR PROFORMA R3; A1 & A2 ARE SERVED) THIS CCC IS FILED UNDER SECTION 11 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO INITIATE APPROPRIATE ACTION AGAINST THE ACCUSED FOR HAVING COMMITTED CONTEMPT OF COURT BY DISOBEYING THE ORDERS PASSED BY THIS HON'BLE COURT - 3 - HC-KAR CNR: KAHC010348182024 NC: 2026:KHC:52219-DB CCC No. 624 of 2024 IN WP NO.9976/2022 DATED 07.09.2022 AND TO IMPOSE APPROPRIATE PUNISHMENT TO THE ACCUSED, AWARD COST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) This contempt petition was filed on 20.06.2024 alleging non compliance of the order dated 07.09.2022 passed by the Writ court in W.P.No.9976/2015 filed by the petitioners. The said writ petition came to be disposed of on following terms: "7. Consequently, this writ petition stands disposed of with a specific direction to the Deputy Commissioner, Chikkamalur to secure original records regarding the order bearing No.LND.CR 13/1989-84 dated 29.04.1983 and on satisfying himself regarding the genuineness of the order passed by the then Deputy Commissioner, issue necessary directions to the Tahsildar to issue grant certificate/saguvali chit in favour of the legal heir of Sri Hovappa Shetty. As suggested by the Tahsildar in his communication dated 03.07.2020 at Annexure-T, if there are any standing trees on the land in question, the rights in respect of such trees which are older then 40 years - 4 - HC-KAR CNR: KAHC010348182024 NC: 2026:KHC:52219-DB CCC No. 624 of 2024 may be reserved to the Government. If there are any other trees not older then 40 years, the Government will have no right to reserve such trees in its favour. The Deputy Commissioner shall take note of these aspects and pass necessary orders for issuance of grant certificate/saguvali chit. The saguvali chit shall be issued in favour of the legal heirs of Sri Hovappa Shetty, as expeditiously as possible and at any rate within a period of three months from the date of receipt of copy of this order." 2. Thus, subsequent direction was issued by the writ Court for issue the grant certificate/saguvali chit in favour of legal heirs of the petitioners (the complainants herein) as expeditiously as possible, within an outer limit of three (3) months. The said period expired on 06.12.2022. 3. Under Section 20 of the Contempt of Courts Act, 1971, the limitation period to initiate contempt proceedings, whether suo motu or otherwise is strictly one year from the date on which the contempt is alleged to have been committed. 4. In the present case, the cause of action to initiate the contempt proceedings arose on 06.12.2022. Therefore, the complainants/petitioners ought to have filed this contempt petition on or before 06.12.2023. However, this petition was - 5 - HC-KAR CNR: KAHC010348182024 NC: 2026:KHC:52219-DB CCC No. 624 of 2024 filed on 20.06.2024, well after the one-year limitation period had expired. 5. The Supreme Court considered the provisions of Section 20 and examined whether Section 5 of the Limitation Act, 1963, can be applied to condone delays in filing contempt proceedings in Pallav Sheth v. Custodian and Others [(2001) 7 SCC 549], as well as in S. Tirupathi Rao v. M. Lingamaiah & Ors. [(2024) 20 SCC 188]. 6. In both the aforesaid judgments, it was held that the initiation of contempt proceedings under the Contempt of Courts Act, 1971, read with Article 215 of the Constitution of India, constitutes original proceedings. Consequently, the limitation for such proceedings is strictly one year from the date the cause of action arises, and therefore, Section 5 of the Limitation Act has no application. 7. As the issue is no longer res integra, we are of the view that the delay of 193 days in filing this contempt petition cannot be condoned. Accordingly, this contempt petition is dismissed as barred by limitation. However, the dismissal of - 6 - HC-KAR CNR: KAHC010348182024 NC: 2026:KHC:52219-DB CCC No. 624 of 2024 this petition shall not preclude the complainants from invoking any other legal remedies that may be available to them under the law. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE RKA List No.: 2 Sl No.: 1