Disposed

Somappa S/O Shivappa Karahalli and Ors. v. the State of Karnataka and Ors.

Karnataka HC2 Jan 2017CCC/200292/2016

Case brief

AI extract

What is this about?

Pending contempt complaints against the State for alleged non-compliance with an order directing a survey. The Court held that since the survey was conducted in fact, the respondents cannot be held liable for contempt. Errors in measurement or records require separate legal remedies.

What did the court decide?

Contempt complaints disposed of; the State respondents held not liable for contempt for conducting the survey. Liberty reserved for complainant.

Somappa S/O Shivappa Karahalli and Ors. Vs the State of… — Contempt of Court | Karnataka HC (2017)

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IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH

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DATED THIS THE 02^ND DAY OF JANUARY, 2017

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PRESENT

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THE HON’BLE MR. JUSTICE A.S. BOPANNA

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AND

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THE HON’BLE MR. JUSTICE B.A.PATIL

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C.C.C. Nos.200292-200296/2016 (CIVIL)

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BETWEEN:

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Somappa S/o Shivappa Karahalli Aged about 46 years,

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Jatteppa S/o Balappa Poojar Aged about 36 years,

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Sharanayya S/o Basayya Chikkamath Aged about 30 years,

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Devekkemma W/o Irayya Chikkamath Aged about 61 years,

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Balappa S/o Parappa Jammaladinni Aged about 76 years,

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All are R/o Nagaral Huli, Basavana Bagewadi Taluk, Vijayapura Dist.

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.... COMPLAINANTS

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(By Sri. Yatnal P.G., Adv.)

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AND:

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The State of Karnataka Department of Revenue Represented by its Secretary Sri Gangaram Baderia, M.S. Building, Bangalore – 560 001.

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Choragatti M.N Tahasildar, Basavana Bagewadi Taluk, Vijayapura District. .... ACCUSED

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(By Sri. Syed Habeeb, Govt. Adv.)

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These C.C.C’s are filed under Sections 11 and 12 of the Contempt of Court Act, praying to initiate contempt proceedings against the 2^nd respondent for disobeying the orders of this Hon’ble Court passed in W.P.No.202622202626/2015 dated 16.10.2015 and punish the 2^nd respondent in accordance with law under the provisions of Contempt of Court Act.

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These C.C.C’s coming on for orders this day A.S.BOPANNA J., delivered the following:

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O R D E R

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The complainants are before this Court with a

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grievance that the order dated 16.10.2015 passed in W.P.Nos.202622-202626/2015 is not complied.

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Learned Government Advocate on representing

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the respondents has brought to the notice of this Court that in view of the direction issued, the survey as directed has been held. Learned counsel for the complainant would not dispute the position that the survey has been held. However, it is contended by the learned counsel for the complainants that even as per the document produced along with the complaint, it will be evident that the manner in which the survey has been conducted is contrary to the records and the method that is required to be adopted to conduct the survey is not followed. He therefore contends that in such circumstance, the measurement of the property would not be properly depicted and as such it cannot be considered as a survey held in accordance with law.

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Even if the contention as put forth by the learned

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counsel for the complainant is taken note, keeping in view the fact that the survey in fact has been held, the respondents cannot be held liable for any disobedience of the direction issued by this Court. If at all there is any error in the manner in which the extent of the property is depicted due to faulty survey or if there is any discrepancy in the nature of the records maintained, the complainant would have to avail the remedies in accordance with law.

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Reserving such liberty to the complainant, these complaints stand disposed of.

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Sd/JUDGE

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Sd/JUDGE

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Akc

Somappa S/O Shivappa Karahalli and Ors. v. the State of Karnataka and Ors.

Case brief

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Somappa S/O Shivappa Karahalli and Ors. v. the State of Karnataka and Ors.

Case brief

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What did the court decide?

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