PRESENT THE HON'BLE MR N v. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND CCC NO
Case Details
- 1 - NC: 2025:KHC:17825-DB CCC No. 259 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND CCC NO. 259 OF 2025 (CIVIL) BETWEEN: 1. SRI R. VENUGOPALA, S/O. LATE T.K. RANGASWAMY, AGED 51 YEARS
Legal Reasoning
2. SMT. JAYAMMA, W/O. LATE G.K. RANGASWAMY, AGED 69 YEARS 3. SMT. SUREKHA, D/O LATE G.K. RANGASWAMY, AGED ABOUT 44 YEARS ALL ARE RESIDENTS OF A CROSS, 3RD MAIN ROAD, BYTARAYANAPURA NEW LAYOUT, BENGALURU - 560 026. (BY SRI K. ARUN KUMAR, SENIOR ADVOCATE ALONG WITH SRI L. CHANDRASHEKAR, ADVOCATE) …COMPLAINANTS AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:17825-DB CCC No. 259 of 2025 BENGALURU - 560 001 REP BY THE PRINCIPAL SECRETARY ...PROFORMA RESPONDENT 2. SHRI. RAJENDRA KUMAR KATARIA THE PRINCIPAL SECRETARY DEPARTMENT F REVENUE STATE OF KARNATAKA VIDHANA SOUDHA VIDHANA VIDHI BENGALURU - 560 001 3. SHRI JAGADEESHA G., IAS THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, BEHIND KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU - 560 009 4. SHRI BALACHANDRA, THE SPECIAL DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, BEHIND KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU - 560 009 5. SMT APOORVA BIDARI THE ASSISTANT COMMISSIONER, BENGALURU SOUTH TALUK, OFFICE OF THE ASSISTANT COMMISSIONER, KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU - 560 009 - 3 - NC: 2025:KHC:17825-DB CCC No. 259 of 2025 6. SHRI SRINIVAS, THE TAHASILDAR, BENGALURU SOUTH TALUK, OFFICE OF THE TAHASILDAR, BENGALURU - 560 009 7. SMT KUSUMA LATHA THE DEPUTY DIRECTOR OF LAND RECORD BENGALURU URBAN DISTRICT, BEHIND KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU - 560 009 8. SHRI. SACHIN, THE ASSISTANT DIRECTOR OF LAND RECORD BENGALURU SOUTH TALUK, KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU - 560 009 (BY SRI SHEIK ISMAIL ZABIULLA, AAG ALONG WITH SMT. PROMODHINI KISHAN, AGA) …ACCUSED THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971, BY THE COMPLAINANT, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED, HEREIN FOR HAVING WILLFULLY DISOBEYED THE ORDER PASSED IN WRIT APPEAL NO.1331/2024 C/W CCC NO.609/2024, DATED 18/12/2024, PRODUCED AT ANNEXURE-A AND THE ORDER DATED 21.09.2023 IN WP NO.7880/2022 PASSED BY THIS HON'BLE COURT PRODUCED AT ANNEXURE-B AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:17825-DB CCC No. 259 of 2025 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Decision
Learned Single Judge, while disposing of the writ petition by the order dated 21.09.2023 issued the following operative directions, extracting from paragraph 7, the petition "Accordingly, is allowed. The respondent Nos.3 to 7 are directed to complete the Phodi and Durasti proceedings by taking into account the reports at Annexures-'G', 'H' and 'J' and complete the proceedings within a period of three months from the date of receipt of certified copy of the order without raising any new objection in light of the discussion made hereinabove. Upon completion of Phodi and Durasti work, the consequential change of revenue entries in the names of petitioners is to be made within a period of one month the thereafter, after procedure as per law." following 2. The said decision was confirmed by the co-ordinate Bench of this court in Writ Appeal No.1331 of 2024 decided on 18.12.2024 along with which the then filed contempt petition was also disposed of. - 5 - NC: 2025:KHC:17825-DB CCC No. 259 of 2025 2.1 The Division Bench passed the following directions, "As the appeal is dismissed as above, CCC No. 609 of 2024 would not survive. However, the authorities are granted time for four weeks from the date of receipt of the order to comply with the learned Single Judge regarding directions of completion of phodi and durast of the land in question." 3. Since the above direction was not complied with, the present contempt petition was required to be filed by the complainant in repeat. 3.1 On 09.04.2025, the court had an occasion to pass the following order, "In the compliance affidavit dated 07.03.2022 filed by the Tahasildar, Bengaluru South Taluka in the Civil Contempt Proceedings No.81 of 2022 following averments are found, that I most I have respectfully submit "2. in Compliance of the Order passed by this Hon'ble Court in Writ Petition No.31896/2019 issued an dated 30.09.2020, Endorsement dated 05.03.2022 as per which I have specifically stated that I have approved the phodi and durast as per the directions issued by this Hon'ble Court. The copy of the endorsement issued by me by approving the phodi and durast work produced at Annexure- J, K and L to the Writ Petition. In view of my approval in accordance with the directions issued by this Hon'ble Court, I have complied the Order passed by Hon'ble Court. The copy of the the phodi and durast work - 6 - NC: 2025:KHC:17825-DB CCC No. 259 of 2025 is produced issued by me Endorsement herewith. The copy of the sketch prepared by Taluka Surveyor and approved by me as per the directions issued by this Hon'ble Court is produced." 2. The above was the first contempt proceedings filed. The present petition is second round. 3. Today when this contempt petition came up for consideration, which is second round of contempt, learned Additional Government Advocate Smt. Pramodhini Kishan, on instructions, stated that the surveyor is appointed to conduct the phodi and durast. This statement and conduct of respondent aggravates the contempt since stand is already taken that the phodi and durast is completed and the sketch is prepared. According to the complainant, therefore question of appointing surveyor does not arise. 4. In that view, respondent No.6-Tahasildar shall personally remain present before the court to answer the issue raised in the contempt petition, including the highly contumacious conduct on part of the respondent No.6 5. Respondent No.6-Tahasildar shall personally remain present on 28.04.2025 at 02.30 p.m. If the conduct as above is withdrawn and purged, the presence of respondent No.6 is dispensed with." 3.2 The present petition was listed yesterday. It is again listed today. 4. Learned Additional Advocate General Mr. Sheik Ismail Zabiulla for the respondents filed two affidavits. One is filed by Mr. H.Srinivas, S/o.Haralanaik working as Tahsildar, Bengaluru South Taluka, Kandaya Bhavan, K.G. Road, Bengaluru. - 7 - NC: 2025:KHC:17825-DB CCC No. 259 of 2025 4.1 It is stated that pursuant to the order passed by the Division Bench, notice dated 22.04.2025 was issued by the Assistant Director of Land Records. Accordingly, measurement was undertaken by the office of the ADLR, thereafter Pakka and Tippani dated 29.04.2025 is prepared. The Akarband of the land and Kayam Dhara Takte is produced on record. Phodi Sketch is prepared by the office of ADLR, it is stated. 4.2 It is stated that, the same is further processed having been forwarded to the DDLR for counter signature. The DDLR after counter sign, forwarded the same to the Tahsildar to incorporate in the RTC. It is stated that the RTC will be generated within a period of two days. 4.3 In other affidavit field by the Assistant Director of Land Records, Bengaluru South, in which also the same averments are made and finally it is stated that the Assistant Director of Land Records by the letter dated 29.04.2025 has forwarded the survey records to the DDLR for counter signature. The RTC will be generated after completing necessary procedure within a period of two days. It is stated that the entire process will be completed within one week from today. - 8 - NC: 2025:KHC:17825-DB CCC No. 259 of 2025 5. The authorities are directed to act in accordance with the averments made in the affidavit. 6. In view of the above measures taken by the authorities, the compliance is obtained and the contempt proceedings does not survive. 7. The petition stands disposed of. Learned Additional Government Advocate stated that the Tahsildar-Mr. Srinivasa and the Assistant Director of Land Records-Mr. Srikanta and the Deputy Director of Land Records- Smt.Kusumalatha are personally present. Their presence is taken note of. In view of disposal of the contempt petition after compliance, the presence of the above officers stand dispensed with. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE KPS List No.: 2 Sl No.: 1