PRESENT THE HON'BLE MR N v. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CCC NO
Case Details
- 1 - NC: 2025:KHC:5864-DB CCC No. 1067 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CCC NO. 1067 OF 2024 (CIVIL) BETWEEN: 1. SHRI H KRISHNAPPA S/O LATE HANUMAIAH AGED ABOUT 71 YEARS R/AT UDDICHIKKANAHALLI MADURAI HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT - 561 203
Legal Reasoning
(BY SRI S. HIMA KIRANA, ADVOCATE FOR SRI PRAKASH TIMMANNA HEBBAR, ADVOCATE) …COMPLAINANT Digitally signed by AMBIKA H B Location: High Court of Karnataka AND: 1. SHRI. MOHAN KUMAR C THE ASSISTANT DIRECTOR OF LAND RECORDS DODDABALLAPLURA DIVISION OFFICE OF THE TAHASILDAR DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT - 561 203 2. SMT. VIDYA VIBHA RATHOD THE TAHASILDAR OF LAND RECORDS DODDABALLAPURA DIVISION OFFICE OF THE TAHASILDAR DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT - 561 203 …ACCUSED - 2 - NC: 2025:KHC:5864-DB CCC No. 1067 of 2024 3. THE STATE OF KARNATAKA REVENUE DEPARTMENT M.S.BUILDING, 5TH FLOOR DR. AMBEDKAR ROAD BENGALURU - 560 001 (BY SMT. PRAMODHINI KISHAN, AGA) …PRO FORMA RESPONDENT THIS CCC IS FILED UNDER SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF IMPOSE SUITABLE INDIA, PRAYING TO PUNISHMENT TO THE ACCUSED NO1 AND 2 FOR WILLFULLY VIOLATING THE ORDER DATED 04.01.2024 PASSED BY THIS HONBLE COURT (KLR-RS), AS PER ANNEXURE-A. IN WP NO.25848/2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The directions of learned Single Judge in order dated 04.01.2024 while disposing of the writ petition pertain to requiring respondent No.2-Assistant Director of Land Records to complete the proceedings of conducting phodi and preparing 11E sketch, etc., read as under, "Consequently, the writ petition stands disposed of with a specific direction to respondent No.2-Assistant Director of Land - 3 - NC: 2025:KHC:5864-DB CCC No. 1067 of 2024 the petitioner to Records, Doddaballapura Sub Division, consider the representation dated 25.05.2022 at Annexure-A given by for preparation and issue of 11 E sketch. The Assistant Director of Land Records shall issue the 11E sketch as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of a copy of this order. The writ petitioner shall the certified copy of the decree passed by the competent Court along with the 11E sketch to the Tahsildar and the Tahsildar shall thereafter proceed for mutation in the land records and pass necessary orders as expeditiously as possible and at any rate within a period of four weeks from the date when the certified copy of the decree and the 11E sketch is furnished by the petitioner to the Tahsildar." the representation to consider thereafter furnish 2. A representation was made by the petitioner dated 25.09.2020 making the grievance in the above regard. The representation involved eight cases of different survey numbers situated at Uddichikkanahalli Village and Kenjiganahalli Village. 3. When the present proceedings came up for consideration today, learned Additional Government Advocate Smt. Pramodhini Kishan produced the tabular details showing the progress done in six cases in light of the directions issued by learned Single Judge. - 4 - NC: 2025:KHC:5864-DB CCC No. 1067 of 2024 3.1 The tabular details are reproduced herein, APPLICATION NO. TALUK HOBALI VILLAGE SUR VEY NO. REMARKS 21020924483107 DODDABALLAPURA MADHURE UDDICHIKKANAHALLI 4 PODI DONE 21021224271217 DODDABALLAPURA MADHURE UDDICHIKKANAHALLI 10/1 PODI DONE 21020324667200 DODDABALLAPURA MADHURE UDDICHIKKANAHALLI 42/1 21020324683960 DODDABALLAPURA MADHURE KENJUGANAHALLI 75/1 21020125443003 DODDABALLAPURA MADHURE UDDICHIKKANAHALLI 4/4 21020125442908 DODDABALLAPURA MADHURE UDDICHIKKANAHALLI 10/7 STAY IN AC COURT SKETCH ISSUED NEW APPLICATION IN PROCESS 3.2 The above details show that in two cases, phodi is already done whereas, in one case 11E Sketch is also issued. In two cases, similar applications are made which are already under process. One case is indicated where it is shown that stay is granted. 4. When learned Additional Government Advocate produced copy of the stay, it transpired that the stay granted in case of Survey No.42/1 in question was to the extent of restraining the defendants from alienating or encumbering the property. It would not per se prevent the authorities from conducting phodi and preparing 11E sketch. The competent authority is already in the process of complying with the directions of learned Single Judge. 5.
Decision
The present contempt petition could be disposed of in view of the substantial progress done, by issuing following directions, - 5 - NC: 2025:KHC:5864-DB CCC No. 1067 of 2024 (i) In the cases of Survey Nos.4 and 10/1, phodi is done, the rest of the formalities leading to mutation of the entry shall be completed within four weeks from the date of receipt of the certified copy of this order. (ii) In respect of land Survey No.75/1 where the 11E is already issued, the mutation shall take place within three weeks from the date of receipt of the certified copy of this order. (iii) Where new applications are in process which are in respect of Survey Nos.4/4 and 10/7, the exercise shall be completed within eight weeks from the date of receipt of the certified copy of this order. (iv) In respect of Survey No.42/1 in the proceedings of Original Suit No.192 of 2025 whereby the defendants are restrained from alienating or encumbering the subject matter of the proceedings, the mutation shall be carried out within six weeks from the date of receipt of the certificate copy of the order. (v) The mutation shall be carried out but it will be indicated that the mutation is subject to the outcome of the proceedings of Original Suit No.192 of 2025. - 6 - NC: 2025:KHC:5864-DB CCC No. 1067 of 2024 6. At this stage, learned advocate for the complainant stated that the representation also mentioned other survey numbers which were 2, 5, 14 and 18 in respect of which process is not undertaken by the authorities. In this regard, it is stated by learned Additional Government Advocate, upon instructions, that in respect of the said survey numbers, no applications are moved by the petitioner. Learned Additional Government Advocate further stated that if the applications are made, necessary action will be taken in light of the directions of learned Single Judge in accordance with law and the exercise shall be completed within a period of twelve weeks. 7. With the aforesaid directions and observations, the contempt petition is disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE AHB, List No.: 1 Sl No.: 49