H v. SAPTHAGIRI RAJU S/O. H. S. VENKATESH MURTHY AGED ABOUT 49 YEARS R/AT NO.16, SHRICHAKARA
Case Details
- 1 - NC: 2025:KHC:14979-DB CCC No. 1205 of 2023 C/W CCC No. 1206 of 2023 CCC No. 1207 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH 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.1205 OF 2023 C/W CIVIL CONTEMPT PETITION NO.1206 OF 2023 CIVIL CONTEMPT PETITION NO.1207 OF 2023 IN CCC NO.1205/2023 BETWEEN: H. V. SAPTHAGIRI RAJU S/O. H. S. VENKATESH MURTHY AGED ABOUT 49 YEARS R/AT NO.16, SHRICHAKARA 2ND MAIN CROSS, BEHIND JEWEL ROC KUVEMPU NAGAR HASSAN - 573 201. (BY SRI PAVANA CHANDRA SHETTY H., ADVOCATE) AND: …COMPLAINANT 1. MRS. SATHYABHAMA C., IAS MAJOR FATHER NAME NOT KNOWN WORKING AS DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN.
Legal Reasoning
2. MR. MARUTHI, KAS MAJOR FATHER NAME NOT KNOWN WORKING AS ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER HASSAN DISTRICT HASSAN. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14979-DB CCC No. 1205 of 2023 C/W CCC No. 1206 of 2023 CCC No. 1207 of 2023 3. MR. NATESH MAJOR FATHER NAME NOT KNOWN WORKING AS EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT AND INLAND WATER DEPARTMENT HASSAN SUB-DIVISION HASSAN. 4. THE DEPUTY SECRETARY REVENUE DEPARTMENT (LAND ACQUISITION) GOVERNMENT OF KARNATAKA M. S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. (BY SRI N. DEVADAS, A.A.G., A/W SMT. NAMITHA MAHESH B. G., A.G.A., FOR A-1 TO A-3 AND A-4) …ACCUSED * * * THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHERE IN HE PRAYS TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED NOS.1 TO 3 FOR WILLFUL DISOBEDIENCE OF THE ORDER DATED 21.03.2022 IN W.P.NO.5240/2022 PASSED BY THIS HON'BLE COURT, PRODUCED HEREWITH AS ANNEXURE-A AND PUNISH THE ACCUSED NOS.1 TO 3 IN ACCORDANCE WITH LAW. IN CCC NO.1206/2023 BETWEEN: H. S. VENKATESHA MURTHY S/O. LATE SUBBARAYA SHETTY AGED ABOUT 83 YEARS R/AT NO.4140/A, S.V. CENTRE GANDHIBAZAR CIRCLE B. M. ROAD HASSAN -573 201. (BY SRI PAVANA CHANDRA SHETTY H., ADVOCATE) ...COMPLAINANT - 3 - NC: 2025:KHC:14979-DB CCC No. 1205 of 2023 C/W CCC No. 1206 of 2023 CCC No. 1207 of 2023 AND: 1. 2. 3. 4. MRS. SATHYABHAMA C., IAS MAJOR FATHER NAME NOT KNOWN WORKING AS DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN. MR. MARUTHI, KAS MAJOR FATHER NAME NOT KNOWN WORKING AS ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER HASSAN DISTRICT HASSAN. MR. NATESH MAJOR FATHER NAME NOT KNOWN WORKING AS EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT AND INLAND WATER DEPARTMENT HASSAN SUB-DIVISION HASSAN. THE DEPUTY SECRETARY REVENUE DEPARTMENT (LAND ACQUISITION) GOVERNMENT OF KARNATAKA M. S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. ...ACCUSED (BY SRI N. DEVADAS, A.A.G., A/W SMT. NAMITHA MAHESH B. G., A.G.A., FOR A-1 TO A-3 AND A-4) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHERE IN HE PRAYS TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED NOS.1 TO 3 FOR WILLFUL DISOBEDIENCE OF THE ORDER DATED 21.03.2022 IN W.P.NO.5289/2022 PASSED BY THIS HON'BLE COURT, PRODUCED HEREWITH AS ANNEXURE-A AND PUNISH THE ACCUSED NOS.1 TO 3 IN ACCORDANCE WITH LAW. - 4 - NC: 2025:KHC:14979-DB CCC No. 1205 of 2023 C/W CCC No. 1206 of 2023 CCC No. 1207 of 2023 IN CCC NO.1207/2023 BETWEEN: 1. 2. 3. 4. H. R. KASTHURI W/O. H. S. RAVI KUMAR AGED ABOUT 78 YEARS H. R. SANJAY S/O. H. S. RAVI KUMAR AGED ABOUT 56 YEARS H. R. VINAY S/O. H. S. RAVI KUMAR AGED ABOUT 53 YEARS H. R. BHADRIPRASAD S/O. H. S. RAVI KUMAR AGED ABOUT 47 YEARS ALL ARE CO-OWNERS OF M/S. VENKATESHWARA BUILDING SRI VENKATADRI TRANSPORT COMPANY ALL ARE RESIDING AT 1ST FLOOR LAKSHMI JANARDHANA COMPLEX B. M. ROAD HASSAN - 573 201. (BY SRI PAVANA CHANDRA SHETTY H., ADVOCATE) AND: 1. MRS. SATHYABHAMA C., IAS MAJOR FATHER NAME NOT KNOWN WORKING AS DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN. 2. MR. MARUTHI, KAS MAJOR FATHER NAME NOT KNOWN WORKING AS ASSISTANT COMMISSIONER AND ...COMPLAINANTS - 5 - NC: 2025:KHC:14979-DB CCC No. 1205 of 2023 C/W CCC No. 1206 of 2023 CCC No. 1207 of 2023 3. 4. LAND ACQUISITION OFFICER HASSAN DISTRICT HASSAN. MR. NATESH MAJOR FATHER NAME NOT KNOWN WORKING AS EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT AND INLAND WATER DEPARTMENT HASSAN SUB-DIVISION HASSAN. THE DEPUTY SECRETARY REVENUE DEPARTMENT (LAND ACQUISITION) GOVERNMENT OF KARNATAKA M. S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. ...ACCUSED (BY SRI N. DEVADAS, A.A.G., A/W SMT. NAMITHA MAHESH B. G., A.G.A., FOR A-1 TO A-3 AND A-4) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHERE IN HE PRAYS TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED NOS.1 TO 3 FOR WILLFUL DISOBEDIENCE OF THE ORDER DATED 21.03.2022 IN W.P.NO.5300/2022 PASSED BY THIS HON'BLE COURT, PRODUCED HEREWITH AS ANNEXURE-A AND PUNISH THE ACCUSED NOS.1 TO 3 IN ACCORDANCE WITH LAW. THESE PETITIONS, 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 - 6 - NC: 2025:KHC:14979-DB CCC No. 1205 of 2023 C/W CCC No. 1206 of 2023 CCC No. 1207 of 2023 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) Heard Sri. Pavan Chandra Shetty H., learned counsel for the complainant and Sri. N. Devadas, learned AAG appearing for respondents/accused. 2. Learned counsel for the complainant submits that these contempt proceedings have been initiated by the complainant to take action against the respondents/accused relating to the order dated 21.03.2022 passed by the learned Single Judge in WP.No.5240/2022 (LA-RES) connected with WP.No.5289/2022(LA-RES) and WP.No.5300/2022 (LA-RES), keeping in view Section 2(b) of the Act. 3. Learned counsel for the complainant refers to the operative portion of the order dated 21.03.2022 passed by the learned Single Judge in WP.No.5240/2022 (LA-RES) connected with WP.No.5289/2022 (LA-RES) and WP.No.5300/2022 (LA-RES), which reads as under: "(a) The writ petitions stand disposed of with liberty to the petitions the second respondent, within a period of four weeks from the date of receipt of a certified copy of this order, for expediting the payment of compensation in terms of the respective awards; representations with file to (b) If such representations are filed, the third respondent - 7 - NC: 2025:KHC:14979-DB CCC No. 1205 of 2023 C/W CCC No. 1206 of 2023 CCC No. 1207 of 2023 must, within 8 (eight) weeks from the date of representation, take appropriate action and inform each of the petitioners separately about the status of their requests for payment of compensation in terms of the corresponding award; (c) It would be needless to observe that if no action is taken as aforesaid within (8) eight weeks from the date of representation, the petitioners must necessarily avail remedy under Order XXI of CPC." 4. Learned counsel further submits that the complainant is the land loser and since there was notification under the provisions of the Land Acquisition Act, 1894 (for short '1894 Act'), the award has been rendered by the concerned authorities. Thereafter, the award has been challenged before the Reference Court, keeping in view the Section 18 of the 1894 Act. But, the award have not been executed in Execution Petition Nos.265/2015, 239/2015 and 238/2015 in WP.No.5240/2022 relating to the award in LAC No.33/2010, WP.No.5289/2022 relating to the award in LAC No.20/2010 and WP.No.5300/2022 relating to the award in LAC.No.19/2010, respectively. The aforesaid execution proceedings are pending before the Executing Court with reference to award rendered by the Reference Court. 5. The respondents/accused have filed reply affidavit dated 12.03.2025 along with Annexures-R1 to R6. - 8 - NC: 2025:KHC:14979-DB CCC No. 1205 of 2023 C/W CCC No. 1206 of 2023 CCC No. 1207 of 2023 6. Paragraph No.13 of the reply affidavit stated that the complainant has filed execution petition in Ex.Case Nos.265/2015, 239/2015 and 238/2015, which are pending on the file of the II Addl. Senior Civil Judge and J.M.F.C., Hassan. 7. Sri. N. Devadas, learned AAG appearing for the respondents/accused is present before the Court physically and refers to Paragraph Nos.14, 15 and 16 of the judgment of the Hon'ble Apex Court in the case of SOORAJMULL NAGARMULL Vs. BRIJESH MEHRORTA AND OTHERS reported in (2022) 17 SCC 604, which read as under: "14. In view of the last Notification issued under Section 11 of the 2013 Act on 14-02-2020 and the award passed by the respondent authorities, it cannot be said that respondents have deliberately and intentionally violated any directions issued by this Court, attracting the provisions of the Contempt of Courts Act, 1971. Though detailed submissions were advanced by the learned Senior Counsel appearing for the petitioner stating that land was wrongly categorized in the award for fixation of market value, while it is open to the petitioner to avail the remedies available in the Act for proper determination of compensation but at the same time it cannot be said that respondents have violated directions issued by this Court. 15. Section 64 of the 2013 Act, makes it clear that any person interested, who has not accepted the award, by written application to the Collector, may seek reference to the competent authority constituted under Section 66 of the 2013 Act. Even after adjudication made by such authority on reference, there is a further remedy available under Section 74 to the High Court. In that view of the matter while it is open for the petitioner to pursue remedies available in law, we do not find any contempt as alleged by the respondents. - 9 - NC: 2025:KHC:14979-DB CCC No. 1205 of 2023 C/W CCC No. 1206 of 2023 CCC No. 1207 of 2023
Decision
16. For the aforesaid reasons these contempt petitioners are dismissed, with no order as to costs. We make it clear that we have not expressed any opinion either on the categorization of the land or on the determination of marked value in the award dated 12-11-2020. All the issues are left open." 8. Learned AAG submits that in view of the aforesaid judgment, a decree obtained under the Land Acquisition Act is an executable decree and no contempt can be maintained for non- compliance of such decree. Hence, he submits that these contempt proceedings do not survive for consideration. 9. Keeping in view the aforesaid judgment, it is open for the complainant to execute the award, which is rendered by the Reference Court. In these contempt proceedings, we have not expressed any opinion either on the issues between the decree holder and the judgment *Debtors, where the execution proceedings are pending independently. All issues are kept open. 10. At this stage, the learned counsel for the complainant seeks liberty. 11. Accordingly, these contempt proceedings are hereby dropped, with liberty as sought for. 12. The complainant has filed a memo of calculation on *Corrected vide court order dated 25-04-2025. - 10 - NC: 2025:KHC:14979-DB CCC No. 1205 of 2023 C/W CCC No. 1206 of 2023 CCC No. 1207 of 2023 30.01.2025 in this contempt proceeding. Thereafter, in the pending execution petitions, the complainant has filed a memo of calculation and thereafter, on 07.04.2025, revised memo of calculation has been filed. During the pendency of these contempt petitions, the respondents has deposited a sum of Rs.36,77,0777/- in Ex.No.238/2015, Rs.11,20,844/- in Ex.No.239/2015 and Rs.20,69,397/- in Ex.No.265/2015, pertaining to this complainant. 13. Keeping in view the submissions made by learned counsel for the complainant and learned AAG for respondents/accused, it is made clear that if any balance amount in respect of the award has been rendered by the Land Acquisition Officer in terms of the memo of calculation, which is filed by the respondents/State and the same shall be deposited before the Executing Court as expeditiously as possible. 14. Learned counsel for the complainant seeks permission to release the amount in deposit in pursuance of the award rendered by the Reference Court and to expedite the matter before the Executing Court. 15. Since the Execution proceedings are pending, learned counsel for the complainant is permitted to file necessary application - 11 - NC: 2025:KHC:14979-DB CCC No. 1205 of 2023 C/W CCC No. 1206 of 2023 CCC No. 1207 of 2023 before the Executing Court and a copy of the same shall be furnished to respondents/accused to file his response. The Executing Court thereafter to consider the application and pass suitable orders to release the amount in deposit in accordance with law, on due identification. 16. Keeping in view the submission made by learned counsel for the complainant, the Executing Court shall expedite the matter by giving opportunity to both the parties in the rank of the decree holder and judgment *Debtors in accordance with within an outer limit of six weeks from the date of the receipt of a copy of this order. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 16 *Corrected vide court order dated 25-4-2025.