Contempt Petition No. 705 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:16826-DB CCC No. 705 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 705 OF 2022 BETWEEN: 1. ANNEGOWDA SINCE DIED REP. BY HIS LRS., JAYAMMA W/O. LATE ANNEGOWDA AGED ABOUT 51 YEARS R/AT CHIKKAMANDAGERE VILLAGE MANDAGERE POST K.R. PETE TALUK MANDYA DISTRICT-571 423. 2. MUTHEGOWDA SINCE DIED REP. BY HIS LRS., MUTHEGOWDA S/O. LATE MUTHEGOWDA AGED ABOUT 51 YEARS R/AT CHIKKAMANDAGERE VILLAGE MANDAGERE POST, K.R. PETE TALUK MANDYA DISTRICT-571 423. 3. DEVEGOWDA SINCE DIED REP. BY HIS LR KALAMMA W/O. LATE DEVEGOWDA AGED ABOUT 51 YEARS R/AT CHIKKAMANDAGERE VILLAGE MANDAGERE POST K.R. PETE TALUK MANDYA DISTRICT-571 423. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16826-DB CCC No. 705 of 2022 4. SIDDAMMA W/O. LATE MUTHEGOWDA AGED ABOUT 51 YEARS R/AT CHIKKAMANDAGERE VILLAGE MANDAGERE POST, K.R. PETE TALUK MANDYA DISTRICT-571 423. 5. NINGAMMA W/O. SANNEGOWDA SINCE DIED REP BY HER LR MANJEGOWDA S/O. LATE SANNEGOWDA AGED ABOUT 61 YEARS R/AT CHIKKAMANDAGERE VILLAGE MANDAGERE POST, K.R. PETE TALUK MANDYA DISTRICT-571 423. 6. KALAMMA W/O. DODDEGOWDA AGED ABOUT 66 YEARS R/AT CHIKKAMANDAGERE VILLAGE MANDAGERE POST, K.R. PETE TALUK MANDYA DISTRICT-571 423. 7. JAVAREGOWDA S/O. LATE NINGEGOWDA AGED ABOUT 76 YEARS R/AT CHIKKAMANDAGERE VILLAGE MANDAGERE POST, K.R. PETE TALUK MANDYA DISTRICT-571 423. 8. CHIKKEGOWDA SINCE DIED REP. BY HIS LRS. NEELAMMA W/O. LATE CHIKKEGOWDA AGED ABOUT 51 YEARS R/AT CHIKKAMANDAGERE VILLAGE MANDAGERE POST, K.R. PETE TALUK MANDYA DISTRICT-571 423. - 3 - NC: 2025:KHC:16826-DB CCC No. 705 of 2022 9. RAVI S/O KARIGOWDA SINCE DEAD REP. BY HIS LR JAVARAMMA W/IO LT RAVI AGED 41 YEARS R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST, K R PETE TALUK MANDYA DISTRICT 571423. 10. ANNEGOWDA S/O LATE KIKKERIGOWDA AGED 76 YEARS R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST, K R PETE TALUK MANDYA DISTRICT 571423. 11. KEMPEGOWDA S/O LATE SANNAPUTTEGOWDA AGED 61 YEARS R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST, K R PETE TALUK MANDYA DISTRICT 571423. 12. NINGEGOWDA SINCE DIED REP. BY HIS LRS LOKESH S/O LT NINGEGOWDA AGED 49 YEARS R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST, K R PETE TALUK MANDYA DISTRICT 571423. 13. JAVARAMMA W/O LT NINGEGOWDA AGED 59 YEARS R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST, K R PETE TALUK MANDYA DISTRICT 571423. - 4 - NC: 2025:KHC:16826-DB CCC No. 705 of 2022 14. JAVARE GOWDA S/O LATE LAKKEGOWDA R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST, K.R PETE TALUK MANDYA DISTRICT 571 423. 15. CHOWDAIAH SINCE DIED REP. BY HIS LRS MADESHA S/O LATE CHOWDAIAH R/AT BEVINAHALLI VILLAGE MANDAGERE POST, K.R PETE TALUK MANDYA DISTRICT 571 423. 16. THIMMANAIKA S/O LATE DYAVANAIKA AGED ABOUT 64 YEARS R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST, K.R PETE TALUK MANDYA DISTRICT 571 423. 17. KALASEGOWDA S/O LATE CHIKKEGOWDA AGED ABOUT 81 YEARS R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST, K.R PETE TALUK MANDYA DISTRICT 571 423. 18. PUTTEGOWDA SINCE DIED REP. BY HIS LRS PUTTAMMA W/O LATE PUTTE GOWDA R/AT CHIKKAMANDAGERE VILLAGE MANDAGERE POST, K.R PETE TALUK MANDYA DISTRICT 571 423. 19. DODDEGOWDA S/O LATE CHIKKEGOWDA AGED 76 YEARS R/AT CHIKKAMANDAGERE KOPPALU - 5 - NC: 2025:KHC:16826-DB CCC No. 705 of 2022 MANDAGERE POST, K R PETE TALUK MANDYA DISTRICT 571423. 20. SWAMY NAIKA SINCE DIED BY HIS LR GOWRMAMA W/O LT SWAMY NAIKA AGED 41 YEARS R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST, K R PETE TALUK MANDYA DISTRICT 571423. 21. KRISHNA NAIKA S/O LATE KALA NAIKA AGED 65 YEARS R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST, K R PETE TALUK MANDYA DISTRICT 571423. 22. JAVARAPPA SINCE DIED REP. BY HIS LR LEELAVATHI W/O LT JAVARAPPA AGED 56 YEARS R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST, K R PETE TALUK MANDYA DISTRICT 571423. 23. HUCHEGOWDA SINCE DIED REP. HIS LR JAYAMMA W/O LATE HUCHEGOWDA R/AT CHIKKAMANDAGERE VILLAGE MANDAGERE POST, K.R. PETE TALUK MANDYA DISTRICT 571 423. 24. VENAKTARAMEGOWDA S/OLT DASEGOWDA - 6 - NC: 2025:KHC:16826-DB CCC No. 705 of 2022 AGED 64 YEARS R/ATSHRAVANAHALLI VILLAGE MANDAGERE POST K R PETE TALUK MANDYA DISTRICT 571423. 25. RANGEGOWDA S/O LT KALEGOWDA AGED 61 YEARS R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST K R PETE TALUK MANDYA DISTRICT 571423. 26. CHANDRA NAIKA S/O LATE DEVANAIKA AGED 53 YEARS R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST, K R PETE TALUK MANDYA DISTRICT 571423. 27. RAMANAIKA SINCE DIED REP. BY HIS LR NAGAMMA W/O LT RAMANAIKA AGED 53 YEARS AGED 41 YEARS R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST K R PETE TALUK MANDYA DISTRICT 571423. 28. THAMMANNAGOWDA S/O LATE LAKKEGOWDA AGED ABOUT 76 YEARS R/AT CHIKKAMANDAGERE VILLAGE MANDAGERE POST K.R. PETE TALUK MANDYA DISTRICT 571 423. - 7 - NC: 2025:KHC:16826-DB CCC No. 705 of 2022 29. DEVEGOWDA S/O LATE KIKKERIGOWDA SINCE DIED BY HIS LR SUDHA W/O LATE DEVEGOWDA R/AT CHIKKAMANDAGERE VILLAGE MANDAGERE POST, K.R. PETE TALUK MANDYA DISTRICT 571 423. 30. PADMAMMA @ LAKSHMAMMA W/O LATE BEREGOWDA AGED ABOUT 61 YEARS R/AT CHIKKAMANDAGERE VILLAGE MANDAGERE POST, K.R. PETE TALUK MANDYA DISTRICT 571 423. 31. DASEGOWDA SINCE DIED REP. BY HIS LRS SANNAMMA W/O LATE DASEGOWDA R/AT CHIKKAMANDAGERE VILLAGE MANDAGERE POST, K.R. PETE TALUK MANDYA DISTRICT 571 423. 32. KALAMMA W/O LATE NANJEGOWDA R/AT CHIKKAMANDAGERE KOPPALU MANDAGERE POST, K.R. PETE TALUK MANDYA DISTRICT 571 423.
Legal Reasoning
(BY SRI. M C BASAVARAJU - ADVOCATE) AND: 1. SMT. M. V. ROOPA THE TASHILDHAR K.R. PET TALUK K.R. PET-571 426 MANDYA DISTRICT. …COMPLAINANTS - 8 - NC: 2025:KHC:16826-DB CCC No. 705 of 2022 …ACCUSED 2. GOVERNMENT OF KARNATAKA DEPARTMENT OF REVENUE BY ITS SECRETARY M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE-560 001. ...PROFORMA RESPONDENT (BY SRI. HARISHA A S – AGA) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, PRAYING TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING NOT COMPLIED WITH THE DIRECTIONS AGAINST THE ACCUSED FOR HAVING NOT COMPILED WITH THE DIRECTIONS ISSUED BY THIS HON’BLE COURT IN W.P.NO.21196/2021 DATED 09.12.2021 VIDE ANNEXURE-A TO THIS CONTEMPT PETITION CONSEQUENTLY PUNISH THE ACCUSED. THIS CCC, 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 - 9 - NC: 2025:KHC:16826-DB CCC No. 705 of 2022 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt petition is initiated by the complainants for disobedience of the order passed by the learned Single Judge in W.P.No.21196/2021 (KLR-RES) dated 09.12.2021 as per Annexure-A. 2. Learned counsel Sri M.C.Basavaraju for the complainants and learned AGA for the respondents/accused are present before the Court physically. 3. In para 3 of the writ petition, it is observed that “learned Government Advocate submits that if the applications are in order and if the applications are not yet disposed off, the respondent No.4 shall endeavour to dispose off the same within a reasonable time”. Further in para 4 it is observed that “in view of the aforesaid submission, the respondent No.3 is directed to place the applications filed by the petitioners, if it is in order, before - 10 - NC: 2025:KHC:16826-DB CCC No. 705 of 2022 respondent No.4, who shall consider the case of the petitioners and pass appropriate orders within a period of six months from the date of receipt of a certified copy of this order.” 4. Learned counsel for the complainants submits that even after lapse of time framed by the learned single Judge to consider the case of complainants for placing the application before the committee and dispose of same for the subject land has not been complied with by the respondents/accused. This submission placed on record. 5. Learned AGA for accused submits that compliance affidavit has been filed by the respondent No.1/accused No.1 who is working as Tahasildar, K.R.Pete Taluk, Mandya District. The affidavit consists of para 1 to 6. It is stated in para-4 that on 14.02.2024 the Tahsildar has written a letter to the President of Committee for Regularisation of unauthorized cultivation, K.R.Pete Taluk to hold meeting to decide the applications. However, the committee has not held meeting to decide the - 11 - NC: 2025:KHC:16826-DB CCC No. 705 of 2022 applications. It is stated that the application will be considered by the Committee for Regularization of unauthorized cultivation, K.R.Pete Taluk in accordance with law. 6. The compliance affidavit is taken on record. It is relevant to note here that respondent Nos.2 and 4 in the writ petition have not been made as parties to this proceedings since they are only formal parties. Learned AGA submits that the Committee for Regularization of unauthorized cultivation, K.R.Pete has to hold the meeting to decide the application filed by the complainants and letter correspondence has been made by the Tahsildar in this regard. The submission is taken on record. 7. Keeping in view the submission made by learned AGA, the compliance affidavit filed by the Accused No.1 and so also, Section 2(b) of the Contempt of Courts Act inclusive of Article 215 of the Constitution of India, this contempt proceeding does not survive for consideration. Accordingly, the contempt proceeding is hereby dropped. - 12 - NC: 2025:KHC:16826-DB CCC No. 705 of 2022 However, liberty as sought for by the counsel for the complainants is granted, in accordance with law. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE DKB