PRABHAKAR v. DR. AVINASH MENON RAJENDRAN

(BY SRI HARISH A. S., A.G.A., FOR A-1 TO A-4) …ACCUSED THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURTS ACT READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHERE IN HE PRAYS TO INITIATE APPROPRIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER DATED 22.03.2022 W.P. NO.1161/2020 FOR NOT IMPLEMENTING THE ORDERS OF THIS HON'BLE COURT AS PER ANNEXURE-C. HON'BLE PASSED COURT THIS BY IN THIS CIVIL CONTEMPT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceedings has been initiated by the complainant against the respondents/accused relating to the order dated 22.03.2022 passed by the learned Single Judge in WP.No.1161/2020 (KLR-LG) vide Annexure-C.

2. Heard Sri. B. Ramesh, learned counsel for the complainant and Sri. Harisha A. S., learned Addl. Government Advocate for respondent/accused Nos.1 to 4. - 3 - NC: 2025:KHC:12809-DB CCC No. 544 of 2023

3. Sri. Rajendra Kumar Katari, Principal Secretary to the Revenue Department, is appearing through video conferencing in pursuance to the direction issued by this Court vide order sheet dated 19.03.2025.

4. Learned counsel for the complainant referred the order dated 22.03.2022 passed by the learned Single Judge in WP.No.1161/2020 (KLR-LG) vide Annexure-C.

5. The operative portion of the aforesaid order indicates that the respondents/accused are directed to consider the case of the petitioner and take appropriate decision in accordance with law within a period of four months from the date of receipt of the certified copy of that order and disposed of the said petition.

6. Subsequently, the complainant herein, who is a petitioner the writ proceeding had submitted a representation to the Deputy Commissioner, Ramanagara for grant of in Sy.No.14 of Chikkasadenahalli Village, Maralavadi Hobli, Kanakapura Taluk, Ramanagar Distrcit.

7. Previously, Harohalli Taluk was not within the jurisdiction of Ramanagara District. Hence, respondent No.4 - - 4 - NC: 2025:KHC:12809-DB CCC No. 544 of 2023 being the Tahsildar of Kanakapura Taluk, Ramanagara District, did not comply with the aforesaid order. Now, Harohalli comes under the purview of Ramanagar District.

8. The complainant herein joined the services of the Indian National Army on 27.08.1996 as Gunner in the Madras Regiment. The complainant was given training at Hyderbad for the period of 1996 to 1997 as gunner. The complainant has served the nation as an Army personnel for a period of 16 years and later on, the complainant took voluntary retirement on 01.05.2012. The Indian Army considering the services of complainant has conferred the awards of 50th Independence Anniversary medal, 9 years long service medal (twice), Special service medal, W/C Suraksha and OP Parakram Medal. The complainant after retirement from his service, made a representation to the Deputy Commissioner, Mysore for grant of land in Sy.No.93 measuring 12 acres, situated at Madavadi Village, Thalakadu Hobli, T. Narasipura Taluk, Mysore District on 06.03.2012. The said authority considering the said representation has held that there are no Government lands available for grant favour of Ex-servicemen. The complainant once again made a representation to the 1st - 5 - NC: 2025:KHC:12809-DB CCC No. 544 of 2023 accused herein for grant of in Sy.No.14 of Chikkasadenahalli Village, Maralavadi Hobli, Kanakapura Taluk, Ramanagara District. The case of the complainant for grant of land was recommended by the office of the Deputy Director, Sainik Welfare and Rehabilitation Department to the accused No.1.

9. As accused Nos.1 to 3 herein have not considered the case of the complainant for grant of land in respect of which the report was prepared and submitted, the complainant has filed a writ petition No.1161/2019 before the Hon'ble High Court to direct the respondents to grant 4 acres and 25 guntas of land in his name in Survey No.14 of Chikkasadenahalli Village, Kanakapura Taluk, Maralavadi Hobli, the said writ petition was disposed of on 30.03.2022. Thereafter, based on the final order passed in the writ petition Sri. Prabhakar S/o late Ninganna, residing at Mallanayakanakatte Village, Gaanadaalu Post, Duddha Hobli, Mandya District, had addressed his letter dated 02.06.2022 the Deputy Commissioner, Ramanagara District and the Tahsildar, Kanakapura Taluk, Ramanagara vide Annexure-D regarding grant of 4 acres 25 guntas of land in Survey No.14 of - 6 - NC: 2025:KHC:12809-DB CCC No. 544 of 2023 Chikkasadenahalli, Malaravadi Hobli, Kanakapura Taluk under the Ex-Servicemen quota in accordance with letter dated

25.02.2015, Allotment Director Soldier Welfare and Rehabilitation Department, Mysore No.SaiKaMai.A dministration:Welfare:Land:2015, dated 25.02.2015.

10. Reference of the aforesaid letter indicates as under:

1. Hon'ble Deputy Collector, Ramanagara District, Ramanagara vide letter No.Raajika/LND/CR/37/2015-16, dated 20.07.2015, 30.01.2016, 02.11.2016, 12.12.2016, 20.04.2017 and 21.09.2020.

2. Assistant Commissioner, Ramanagara Sub- Division his office letter Number LND/CR/119/2014-15, 09.01.2018.

23.12.2015,

30.06.2015,

03.10.2015

3. Tahsildar, Kanakapur Taluk vide No.LND/CR/58/2015-16, 15.10.2015, 16.12.2015, 10.01.2016, 05.01.2018. letter DATED:-01.09.2015,

4. Revenue Inspector, Maralavadi Hobli, report RAA.NI.MA/LND/CR/78/2015-16 number 26.08.2015."

11. Learned Addl. Government Advocate submits that he has filed compliance affidavit dated 26.03.2025 along with copies of the Official Memorandum dated 28.07.2023 vide Annexure-R1 and the order dated 25.03.2025 passed by the Deputy Commissioner, Ramanagara District, vide Annexure-R2 - 7 - NC: 2025:KHC:12809-DB CCC No. 544 of 2023 and may consider the same. The said compliance affidavit reads as under: I, Yeshwanth V. Gurukar, S/o Sri R.Vinaya Kumar, IAS, aged about 39 years, working as Deputy Commissioner, Ramanagara District, Ramanagara, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:-

1. I respectfully state that earlier Dr. Avinash Menon Rajendran, I.A.S., was holding the said post and he was arrayed as Respondent No.1. Now, I am holding the said post since 08.07.2024 and I am aware of the facts of this case based on the Records available at our office.

2. It is humbly requested that, I am filing this Affidavit for kind consideration.

3. With regard to subject matter and directions in the Writ Petition No.1161/2020 (KLR-LG), I submit that in the present case, the petitioner Prabhakar S/o Late. Ninganna, Ex-servicemen, Resident Mallanayakanakatte, Ganadalu Post, Mandya Taluk, Mandya District applied to Govt, land grant bearing Sy. no.14 measuring to the extent of 04 Acres 25 Guntas in Chikkasadenahalli village, Harohalli Tq: and Dist: Ramanagara.

4. Thereafter, it is humbly submitted that all Tahasildars in district notified the availability in the year 2023 and 2024, and declared that there is no land - 8 - NC: 2025:KHC:12809-DB CCC No. 544 of 2023 available in the said village and Taluka for grant of land in the District.

5. It is humbly stated that, as per Rule 3(1) of the Karnataka Grant Rules. The land available for disposal is very limited it is required for construction of School building, Court complex, Morarji School, Anganawadi, Drinking water projects and Hospitals in future. Hence, it required for necessity public purpose expect the above extent of land there is no Govt. available in the Taluka.

6. Hence as per the Govt circular No:RD 26 LPG 2021 dated: 13-12-2022 will stated as follows: i) Rule 8(8) allows a soldier/ex-serviceman to transfer the application to any taluk in the same district only if land is not available in the local taluk mentioned in his service register. Therefore, the District Collector will take steps to sanction the land in any taluk falling within the jurisdiction of the concerned district, if any. ii) In case no government land is available in the district requested by the applicant, a plot measuring 1200 sq ft in urban area or 2400 sq ft in rural area, excluding Bangalore Urban District, may be allotted under any existing government housing scheme or any special scheme that may be formulated by the Government.

7. Further it is humbly submitted that, due to non availability of govt land, an extent of 5-00 acres of land in Magadi Taluk, Solur Hobli, Shiraganahalli Village reserved and divided into sites of dimension of 1200 sq feet and - 9 - NC: 2025:KHC:12809-DB CCC No. 544 of 2023 2400 sq feet for the grant of sites to Ex-service men, the same is at ANNEXURE-R1.

8. Further it is stated that due to non availability of Govt lands in the District the petitioner has been granted 2400 sq.feet of site on 25-03-2025. The copy of grant order is at ANNEXURE-R2.

9. I submit that, I have complied with the orders by this Hon'ble Court. I humbly submit that I have greatest regards for the orders passed by this Hon'ble court and I have never willfully disobeyed the orders passed by this Hon'ble Court. I most respectfully submit that the delay in compliance of the order passed by this Hon'ble Court is not intentional, but due to bonafide reasons. As such, some delay has occurred in complying with the orders passed by this Hon'ble Court. I tender my unconditional apology before this Hon'ble Court for the delay caused. My unconditional apology may kindly be taken on record, and the aforementioned Contempt Proceedings may be dropped. WHEREFORE, I humbly prays that this Hon'ble Court may kindly be pleased to drop the aforementioned Contempt Petition, in the interest of justice and equity."

12. The said compliance affidavit is taken on record.

13. Keeping in view the above and paragraph Nos.5, 6, 7, 8 and 9 of the compliance affidavit, it is deemed appropriate - 10 - NC: 2025:KHC:12809-DB CCC No. 544 of 2023 to refer to provisions of Section 2(b) of the Contempt of Courts Act, 1971 (for short 'the Act'), which reads as under: "Section 2.(b) "Civil contempt" means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.

14. It is necessary to refer to the Article 215 of the Constitution of India, which reads as under: "Article 215 of the Indian Constitution: High Courts to be courts of record.- Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself."

15. The Court exercising contempt jurisdiction cannot take upon itself power to decide the original proceedings in a manner not dealt with by the Court passing the judgment or order. Rightness or wrongness of the order cannot be urged in contempt proceedings. Right or wrong, the order has to be obeyed. Flouting an order of the Court would render the party liable for contempt. While dealing with an application for contempt the Court cannot traverse beyond the order, non-compliance with which is alleged. In other words, it cannot say what should not have been done or what should have been done. It cannot test correctness or otherwise of the order or - 11 - NC: 2025:KHC:12809-DB CCC No. 544 of 2023 give additional direction or delete any directions. If there was no ambiguity or indefiniteness in the order, it is for the party concerned to approach the higher Court, if according to him, the same is not legally tenable. Such a question has necessarily to be agitated before the higher Court.

16. Keeping in view the contents in this contempt proceedings and compliance affidavit along with Annexures-R1 and R2, it is deemed appropriate that this contempt proceeding does not survive for consideration to take action against respondents/accused.

17. Accordingly, the contempt proceeding is hereby dropped, with liberty as sought for in accordance with law. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 12