The Court rejected a petition under the Contempt of Courts Act against a Tahsildar. It held that a subsequent order exposed difficulties in implementing the earlier direction, so no willful breach was made out.
The contempt petition is rejected. The order is kept on the record of the Writ Petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF NOVEMBER, 2020
PRESENT
THE HON’BLE MR. ABHAY S.OKA, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY
C.C.C.No.580 / 2020 (CIVIL)
BETWEEN:
Shri Srinivasalu Son of Late Shri.Chengappa Aged about 65 years Resident Of Devasandra Main Road, K.R. Puram
...COMPLAINANT
(By Sri Narayanaswamy C.H. for Sri B.R.Srinivasa Gowda, Advs.,)
AND:
Shri.Ramesh Tahsildar, K.G.F.
...ACCUSED
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO SECURE THE PRESENCE OF THE RESPONDENT AND DEALT WITH HIM IN ACCORDANCE WITH LAW, FOR HAVING WILLFULLY DIS-OBEYED THE LAWFUL ORDERS PASSED BY THE HON’BLE COURT.
THIS CCC COMING ON FOR ORDERS, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
2
ORDER
of the order dated 17th July 2019. Paragraph 4 reads thus:
“4. In that view of the matter, this Court would observe that 24.07.2019, necessary entries with reference to change of khatha to the name of the petitioner should be effected and a copy of the same should be produced before this Court, failing which this Court would take punitive steps against the Tahsildar who had undertaken before this Court on the last date of hearing that he would comply transfer of khatha within one week and has failed to do the same.”
“Learned AGA would submit that there are certain sale transactions with reference to the land bearing Sy.Nos.24 and 26/5 of Annasagara village, Kyasamballi hobli, Bangarpet taluk. According to him, the extent of land shown in the will is not tallying with the existing land in the light of the sale transactions having taken place earlier.
3
In this view of the matter, this Court ahs directed the learned AGA to file the Statement of Objections regarding actual extent of land which is available on record in the name of Sri Hanumappa within one week from today.
List the matter in next week.”
4
Sd/CHIEF JUSTICE
Sd/JUDGE
KK
2 issues framed by the court
Whether the accused committed willful breach of the direction to effect khatha transfer and produce a copy?
Whether the complainant discharged the duty to point out subsequent orders reconsidering the direction?
2 provisions across 2 enactments
Abhay S.Oka
S.Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
