The Karnataka High Court held that documents filed by the accused showed substantial compliance with a prior order. The Court noted the complainants suppressed key annexures. The contempt petition against the Special Land Acquisition Officer was dismissed.
Contempt petition dismissed; pending interlocutory application disposed of.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2021
PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ CCC NO.219/2021 (CIVIL)
BETWEEN
1 . SRI KUMARAIAH @ KUMAR AGE : 54 YEARS S/O LATE RUDRANNA
2 . SMT. GANGANAMMA AGE: 50 YEARS W/O SRI KUMARAIAH @ KUMAR
BOTH ARE R/O BOMMEGOWDANAPALYA SOREKUNTE POST, BELLAVI HOBLI TQ AND DIST: TUMKUR-572101
...COMPLAINANTS
(BY SRI CHANDRASHEKAR P PATIL, ADVOCATE)
AND
1 . TABASUM ZAHERA THE SPECIAL LAND ACQUISITION OFFICER/ ASSISTANT COMMISSIONER (NIMZ), K.I.A.D.B, B.H. ROAD TUMKUR-572101 …ACCUSED
2 . THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING
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BENGALURU - 560001 SRI GANGARAM BADERIYA … PRO FORMA RESPONDENT NO.2 (V/O DATED 08.03.2021)
(BY SRI V SREENIDHI, AGA FOR PRO FORMA R-2)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT PRAYING TO ISSUE NOTICE TO THE ACCUSED AND PUNISH THE ACCUSED WITH MAXIMUM PUNISHMENT FOR DISOBEDIENCE OF THE ORDER DATED 05.07.2019 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.23941/2019 (LA-KIADB).
THIS CCC COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The breach alleged is of the order dated 5th July 2019 passed by the learned Single Judge and in particular, the direction contained in paragraph 5 which reads thus:
"5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider and decide the representation submitted by the petitioner dated 21.09.2016 in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today."
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Sd/-
CHIEF JUSTICE
Sd/JUDGE
bkv
3 issues framed by the court
Whether the special land acquisition officer is in breach of the order dated 05.07.2019 by failing to consider the petitioners' representation.
Whether the accused's compliance affidavit and annexures demonstrate substantial compliance with the impugned order.
Whether the contempt petition against the accused should succeed given the material documents show compliance.
2 provisions across 2 enactments
The State of Karnataka Represented By Its Secretary Revenue Department
Abhay S. Oka
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
