SMT. RASHMI v. MAHESH, I.A.S PRINCIPAL SECRETARY TO REVENUE DEPARTMENT STATE OF KARNATAKA
Case Details
- 1 - NC: 2025:KHC:15864-DB CCC No. 1157 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH 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.1157 OF 2023 BETWEEN:
Legal Reasoning
SHRI R ABDULLA GAFAR AGED ABOUT 75 YEARS S/O LATE ABDULLA RAZAK BETAGERI GRAMA N R PURA TQ - 577 134 CHICKMAGALUR DISTRICT (BY SRI VIVEK SUBBAREDDY, SENIOR COUNSEL FOR SRI GOPALA B V, ADVOCATE) …COMPLAINANT AND: 1. SMT. RASHMI V. MAHESH, I.A.S PRINCIPAL SECRETARY TO REVENUE DEPARTMENT STATE OF KARNATAKA 6TH FLOOR, M S BUILDING BENGALURU - 560 001 Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka 2. SMT C.N.MEENA NAGARAJ, I A S DEPUTY COMMISSIONER CHICKMAGALUR DISTRICT - 577 201 3. SHRI SIDDHALINGA REDDY K A S ASSISTANT COMMISSIONER THARIKERE TALUK - 577 228 CHICKMAGALUR DISTRICT - 2 - NC: 2025:KHC:15864-DB CCC No. 1157 of 2023 4. MR. VISHWANATH, KAS TAHSILDAR, N.R PURA - 577 134 CHICKMAGALUR DISTRICT 5. SHRI DR SELVAMANI R, I A S DEPUTY COMMISSIONER SHIVAMOGGA TALUK - 577 201 SHIVAMOGGA DISTRICT 6. SHRI PRAKASHA T V., KAS ASSISTANT COMMISSIONER SHIVAMOGGA TALUK - 577 201 SHIVAMOGGA DISTRICT 7. SHRI NAGARAJ KAS TAHSILDAR SHIVAMOGGA TALUK - 577 201 SHIVAMOGGA DISTRICT 8. SHRI PRAKASHA T V, KAS SPECIAL LAND ACQUSITION OFFICER TUNGA AND BHADRA PROJECT SHIVAMOGGA TALUK - 577 201 SHIVAMOGGA DISTRICT 9. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT MS BUILDING BENGALURU - 560 001 (BY SMT.NAMITHA MAHESH.B.G, AGA) …ACCUSED THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, PRAYING TO SECURE THE PRESENCE OF THE ACCUSED AND PUNISH THEM FOR WILLFUL DISOBEDIENCE OF ORDER ANNEXURE - A DATED 16.09.2022, PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.NO.52961/2013(KLR-LG), UNDER THE PROVISIONS OF CONTEMPT OF COURTS ACT. - 3 - NC: 2025:KHC:15864-DB CCC No. 1157 of 2023 THIS PETITION, 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 proceedings has been initiated by the complainant against the accused for dis-obedience of the order dated 16.09.2022, passed by the learned Single Judge of this Hon'ble Court in W.P.No.52961/2013(KLR-LG), wherein, the learned Single Judge disposed of the writ petition by directing the Tahsildar, N.R. Pura Taluk, Chikmagalur District to verify as to whether alternative lands were granted to the land losers and if that is so, then the Tahsildhar may submit a report before the Deputy Commissioner, Chikkamagalur District, who shall pass necessary orders identifying alternative lands for the petitioner and the said exercise shall be completed within a period of two months from the date of receipt of a copy of this Court and since the said order had not been complied, the present contempt is filed. 2. Learned Addl. Government Advocate Smt. Namitha Mahesh, appearing for the accused submits that a reply - 4 - NC: 2025:KHC:15864-DB CCC No. 1157 of 2023 affidavit dated 08.02.2025 has been filed by Smt. Tanuja T. Savadatti, Tahasildar, N.R. Pura Taluk, Chikkamagaluru District, wherein at para 6, it is stated that the statement of Sri. Abdul Aleem has been filed on oath stating that his father Sri. B. Abdul Razaq Sab was a genidar and that the land granted to his father as a genidar is false statement for the reason that he has not produced any grant certificate issued in the name of his father in form No.10 to prove that the land was granted to a landless person. It is further stated that the grant certificate issued in favour of Sri. Abdul Razaq Sab is in Form No.1, which is issued only when land is granted through darkasth, which is produced at Annexure-R9. Copy of the grant certificate is issued to Abdul Razaq Sab to an extent of 8 acres as per RR15-darkasth. It is further stated at para 6 that copy of the RTC pertaining to Sy.No.39/P26 is produced as per Annexure-10. Learned Addl. Government Advocate pressed into service for consideration of documents at Annexures-R9 and R10. The compliance affidavit consisted of paras 1 to 8 in detail. Apart from compliance affidavit dated 08.02.2025, there is another compliance affidavit filed in compliance of the directions issued dated 18.03.2024 and the said compliance - 5 - NC: 2025:KHC:15864-DB CCC No. 1157 of 2023 affidavit consists of paras 1 to 6 in detail and also documents vide Annexures-R1 to R7. Hence, learned Addl. Government Advocate submits that the above compliance affidavit may be taken on record and contempt proceedings may be dropped. However, in this contempt proceedings, in the preceeding order sheet dated 05.03.2025, though the learned counsel for the complainant was directed to clarify the status of Section 2(b) inclusive of the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971, the same has not been clarified. 3. However, keeping in view the submissions made by learned Addl. Government Advocate and in view of two compliance affidavits being filed, the contempt proceedings are liable to be dropped. In the mean-while, learned counsel for the complainant seeks for liberty and it is deemed appropriate that liberty is granted as sought for. 4. What transpires from the material available on record is that the complainant earlier had initiated contempt proceedings in CCC No.506/2017(Civil), which came to be rejected by the Coordinate Bench of this Court by order dated 04.04.2017, reserving liberty to the petitioner to seek further - 6 - NC: 2025:KHC:15864-DB CCC No. 1157 of 2023 interim order in the pending writ petition. However, the complainant had filed one more contempt petition in CCC No.444/2018(Civil) dated 15.03.2018, which contempt proceedings also came to be closed holding that there was no deliberate violation of the direction issued and as the main matter was still pending. The above facts has been detailed in this contempt proceedings in the preceeding order sheet dated 05.03.2025 of this Court. 5. Therefore, in view of the preceeding order sheet and the compliance affidavit filed, the contempt proceedings initiated to take action against the accused would not survive for consideration. Accordingly, the contempt proceedings are hereby dropped. Further, what endorsement issued by the competent authority, the same shall be considered and relief may be granted thereafter. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 10