Contempt Petition No. 606 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:9159-DB CCC No. 606 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.606 OF 2022 …COMPLAINANT BETWEEN: M. HEMANTH KUMAR AGED ABOUT 37 YEARS S/O. M. N. MANJE GOWDA R/AT KUMBALUGUDU GULLAHALLI VILLAGE, KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU - 560 074.
Legal Reasoning
(BY SRI SUDESH KUMAR ACHARYA, ADVOCATE) AND: 1. MR. MANJUNATH THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER BENGALURU - 560 001. 2. RAMA LAKSHMANA THE TAHASILDAR BENGALURU SOUTH TALUK BENGALURU - 560 001. 3. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M. S. BUILDING BENGALURU - 560 001. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka (BY SMT. PRATHIMA HONNAPURA, A.G.A., ALONG WITH, SMT. NAMITHA MAHESH, B. G., A.G.A., FOR A-1 TO A-3) …ACCUSED - 2 - NC: 2025:KHC:9159-DB CCC No. 606 of 2022 THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, WHEREIN HE PRAYS TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED NO.1 AND 2 ALL OTHER PERSONS CONNECTED THERETO IN THEIR OFFICE FOR DELIBERATELY AND INTENTIONALLY VIOLATING THE ORDERS DATED 12.04.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.1318/2019 (KLR-RR/SUR) ON THE FILE OF THIS HON'BLE COURT AT ANNEXURE-A AND TO DEAL WITH THE ACCUSED IN ACCORDANCE WITH LAW. THIS CIVIL CONTEMPT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceeding has been initiated by the complainant against respondents/accused relating to the order dated 12.04.2021 passed by the learned Single Judge in WP No.1318/2019 (KLR-RR/SUR) vide Annexure-A. 2. Paragraph No.4 of the aforesaid order indicates that the writ petition is disposed off with a direction to 3rd and 4th respondents to consider and implement the directions of the Deputy Commissioner within an outer limit of 4 months from the date of receipt of a copy of this order. - 3 - NC: 2025:KHC:9159-DB CCC No. 606 of 2022 3. Sri. Sudesh Kumar Acharya, learned counsel appearing for the complainant is present before the Court physically and tautly submits that even though the compliance affidavit is filed by learned Addl. Government Advocate on behalf of respondent-State, there is no absolute compliance of the directions issued by the learned Single Judge. 4. The said submission is taken on record. 5. Learned Addl. Government Advocate submits the compliance affidavit dated 05.02.2025, filed on behalf of respondents/accused, is filed on the basis of survey report conducted by the survey Authority. The survey report along with the sketch of the said land as per possession of the complainant is produced as Annexure-R1. The copy of the mahazar dated 10.12.2024 is produced as Annexure-R2 and the google map of the said land is also produced. The survey is conducted in the presence of the complainant and he had also subscribed his signature. 6. It is relevant to refer to paragraph Nos.4 and 5 of the compliance affidavit, which reads as under: - 4 - NC: 2025:KHC:9159-DB CCC No. 606 of 2022 "4. The said survey report indicates that the complainant is in possession of 3 acres 3 guntas of land in S.No.40 and the same is indicated in yellow color in Annexure-R1. Further the complainant is in encroachment of 28 guntas of land in S.No.83 of the same village and the same is indicated in blue color in Annexure-R1. It is submitted that the said S.No.83 has already been phodied in the name of some other grantee at an earlier point of time. 5. It is submitted that the said survey has been conducted as per the directions of the Hon'ble Court taking into consideration the copy of the tippani of new S.Nos:106 and 107, produced by the complainant in the present Contempt Petition. On verification of those documents, it is seen that the same is not available in the Survey department. However, as per present survey report, the said S.No.106 is extending to the adjacent village boundary and S.No.107 is extending to lands of some other grantees beyond the enjoyment and possession of the complainant. The same is marked as ABCDEFGH in the survey report at Annexure-R1. And the same does not match the actual possession of the complainant." 7. The said compliance affidavit is taken on record. 8. Learned counsel for the complainant forcefully disputes the compliance affidavit, which is made by revenue Authority in detail. 9. Keeping in view the submission made by learned counsel for the complainant, it is deemed appropriate to refer to the judgment of the Hon'ble Apex Court in the case of - 5 - NC: 2025:KHC:9159-DB CCC No. 606 of 2022 S. TIRUPATHI RAO Vs. M. LINGAMAIAH AND OTHERS reported in 2024 SCC OnLine SC 1764, wherein, in paragraph No.52 of the said judgment, it is revealed as under: "52. Therefore, it would be correct to state that the court's power when dealing with the question of contempt, in a sense, is discretionary. It cannot be gainsaid that even in cases where disobedience of the order of the court is not disputed, the court may also accept a defence, if raised, of impossibility to comply with an order and come to the conclusion that since it is impossible to enforce its order, action to punish may not be initiated. That apart, refusal may be justified by grave concerns of public policy. Much would depend on the facts and circumstances of the case, the nature of the contempt under enquiry, etc., which would enable the court to exercise its discretion either way. However, to demonstrate his bona fide, the contemnor ought to bring any valid defence for his disability to comply with the court's direction to its notice without wasting any time. Whatever be the position before it, nothing stands in the way of the high court from passing an order to ensure that nothing impedes the course of justice." 10. Keeping in view the aforesaid judgment and the compliance affidavit submitted by learned Addl. Government Advocate, it is deemed appropriate that this contempt proceeding is hereby dropped. 11. Learned counsel for the complainant further submits that the liberty may be granted. - 6 - NC: 2025:KHC:9159-DB CCC No. 606 of 2022 12. Keeping in view the submission made by learned counsel for the complainant, the liberty is granted as sought for. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 9