Contempt Petition No. 981 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:10213-DB CCC No. 981 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH 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. 981 OF 2023 BETWEEN: 1. RAJEGOWDA S/O LATE MUDLIGOWDA AGED ABOUT 61 YEARS 2. G S GOVINDEGOWDA S/O LATE SIDDEGOWDA AGED ABOUT 61 YEARS 3. RAMEGOWDA S/O LATE BASAVEGOWDA AGED ABOUT 55 YEARS Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA 4. G N GOVINDEGOWDA S/O LATE NARASIMHEGOWDA AGED ABOUT 65 YEARS 5. HARISHA S/O LATE SOWBHAGYAMMA AGED ABOUT 45 YEARS 6. HANUMANTHEGOWDA S/O LATE NINGEGOWDA AGED ABOUT 60 YEARS 7. CHANDREGOWDA S/O LATE KARIGOWDA AGED ABOUT 55 YEARS - 2 - NC: 2025:KHC:10213-DB CCC No. 981 of 2023 8. KANTHEGOWDA S/O LATE KARIGOWDA AGED ABOUT 60 YEARS 9. TAYAMMA W/O KALEGOWDA AGED ABOUT 62 YEARS R/O GULUVINAATTIGUPPE VILLAGE 10. RAMEGOWDA S/O LATE NINGEGOWDA AGED ABOUT 55 YEARS 11. THAMMANNEGOWDA S/O LATE KULLEGOWDA AGED ABOUT 62 YEARS 12. MEENAKSHAMMA W/O LATE SWAMYGOWDA AGED ABOUT 55 YEARS ALL ARE RESIDENTS OF GULUVINAATTIGUPPE VILLAGE HOSA-AGRAHARA HOBLI KRISHNARAJANAGARA TALUK MYSORE DISTRICT PINCODE-571601.
Legal Reasoning
(BY SRI. MILASH – ADVOCATE FOR SRI. YOGANNA K.P. - ADVOCATE) …COMPLAINANTS AND: 1. SRI MAHENDRA THE ASSISTANT EXECUTIVE ENGINEER THE KAVERI NEERAVARI NIGAM LTD NO.4, H R B C SUB DIVISION DODDAKADANURU VILLAGE HALLY MYSORE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT-573210. - 3 - NC: 2025:KHC:10213-DB CCC No. 981 of 2023 2. D P MANJUNATH THE SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER AT HASSAN DEPUTY COMMISSIONER OFFICE AT HASSAN HASSAN DISTRICT-573201. 3. SRI K V RAJENDRA DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU-571401. 4. MAHESHA THE MANAGING DIRECTOR KAVERI NEERAVARI NIGAM LTD ANANDRAO CIRCLE BANGALORE CITY PINCODE-560001. 5. STATE OF KARNATAKA REP. BY CHIEF SECRETARY VIDHANA SOUDHA BENGALURU. ... ACCUSED (BY SRI. K S BHEEMAIAH – ADVOCATE ACCUSED NO.1 & 4; SRI. HARISHA A S – AGA FOR ACCUSED NOS.2, 3 AND PROFORMA RESPONDENT NO.5) …PROFORMA RESPONDENT THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, AND ALSO UNDER ARTICLE 215 OF CONSTITUTION OF INDIA PRAYING TO TAKE COGNIZANCE FOR THE OFFENCE UNDER THE CONTEMPT OF COURT FOR THE DISOBEYING THE ORDERS PASSED BY THIS HON’BLE COURT IN W.P.NO.2589/2023 ON DATED 09.03.2023. THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:10213-DB CCC No. 981 of 2023 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 is initiated by complainants against respondents for willful disobedience of the order passed by the learned single Judge in W.P.No.2589/2023 (LA-RES) dated 09.03.2023. 2. Learned counsel Sri Yoganna K.P for complainants is on record but represented by learned counsel Sri Milash. Learned counsel Sri K.S.Bheemaiah for accused Nos.1 and 4 is present. Learned AGA Sri Harisha A.S for accused Nos.2, 3 and proforma respondent No.5 is also present. 3. The last paragraph of the order rendered by the learned single Judge indicates as ‘Writ petition is disposed off. For accomplishing the task, a period of three months is granted and delay if brooked may entail the respondents with heavy costs payable personally by them. It is open to - 5 - NC: 2025:KHC:10213-DB CCC No. 981 of 2023 the answering respondents to solicit any information/documents from the side of the petitioners for due consideration of his representation. However, in the guise of such solicitation, no delay shall be brooked. All contentions are kept open’. 4. Learned counsel for accused Nos.1 to 4 submits that he has filed counter affidavit dated 21.09.2024. At paragraph No.5 of the said affidavit, it indicates as ‘In response to the letter addressed by Managing Director of the CNNL-accused No.4 to him and to the accused No.3- the Spl. Land Acquisition Officer, and also letter from the Executive Engineer of CNNL stating that, to initiate acquisition proceedings it will take more time and as such the CNNL has decided to buy the lands of the complainants herein by direct purchase. Accordingly, the Land Acquisition Officer, has sent letter to the complainants and requested them to provide the title deeds of their lands and get the phodi and also obtain 11E sketch to get their lands registered in the name of the Cauvery Neeravari - 6 - NC: 2025:KHC:10213-DB CCC No. 981 of 2023 Nigama Limited and thereafter the complainants herein would be entitled for compensation for their lands’. 5. Learned AGA submits that the proceedings has been initiated seeking for compensation in respect of property bearing Sy.No.4/1 and 4/2 to the extent of 2.19 ½ acres are herewith produced as Annexures-R3, R4 and R5. The said properties are situated in the limit of K.R.Pet taluk, Mandya District. He further submits that the said property would come under purview of B Karab land. 6. However, it is relevant to refer the judgment rendered by the Hon’ble Supreme Court in case of S.Tirupati Rao vs. Lingamaiah reported in 2024 SCC Online SC 1764, in paragraph 52 observed 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 - 7 - NC: 2025:KHC:10213-DB CCC No. 981 of 2023 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’. 7. Keeping in view the aforesaid reliance rendered by the Hon’ble Supreme Court, the present contempt proceeding does not survive for consideration to take action against accused. Accordingly, the contempt petition is hereby closed. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE RJ