Dismissed

Sri Vinayaka Enterprises v. State of Karnataka

Karnataka HC18 Oct 2022CCC/341/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka examined a contempt petition filed for willful disobedience of an order directing revenue authorities to make entries in the complainant's name. Finding that the order was substantially complied with via registration of RTCs, the court dropped the proceedings. Simultaneously, it directed the accused Tahsildar to decide a pending application for 'phodi' and 'durasth' wit

What did the court decide?

Contempt proceedings dropped; Tahsildar directed to pass orders on the application for phodi and durasth within eight weeks.

Sri Vinayaka Enterprises Vs State of… — Constitutional and Fundamental Rights | Karnataka HC (2022)

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CCC No. 341 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF OCTOBER, 2022

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PRESENT

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THE HON'BLE MR JUSTICE B.VEERAPPA

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AND

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THE HON'BLE MRS JUSTICE K S HEMALEKHA CIVIL CONTEMPT PETITION NO.341 OF 2021

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BETWEEN:

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SRI VINAYAKA ENTERPRISES

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BEING A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT 10/1 LAKSHMINARAYANA COMPLEX

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PALACE ROAD BANGALORE - 560 052 REPRESENTED BY ITS PARTNER SRI P ASHWIN PAI

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…COMPLAINANT

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(BY SRI CHANDAN K., ADVOCATE)

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AND:

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Digitally signed by CHAYA S A Location: High Court of Karnataka

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STATE OF KARNATAKA REVENUE DEVELOPMENT VIKAS SOUDHA, BANGALORE

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REPRESENTED BY ITS PRINCIPAL SECRETARY

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DR RAJKUMAR KHATRI

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DR. BAGADI GAUTAM DEPUTY COMMISSIONER KRISHNARAJA BOULEVARD ROAD K G KOPPAL, KAJJIHUNDI MYSURU

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CCC No. 341 of 2021

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RAKSHIT K R TAHSILDAR MYSORE DISTRICT MYSORE - 570 005

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(BY SRI KIRAN KUMAR, H.C.G.P.)

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THIS C.C.C. IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON'BLE COURT BE PLEASED TO TAKE COGNIZANCE OF THE OFFENCE PUNISHABLE UNDER CONTEMPT OF COURT ACT FOR VIOLATING THE ORDER DATED 19-6-2020 PASSED BY THIS HON'BLE COURT IN WRIT PETITION NOS.22658-22662 OF 2015 & 22663 OF 2015 CONNECTED WITH WRIT PETITION NOS.30603 OF 2015 AND 3456734568 OF 2015 AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.

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THIS C.C.C. IS COMING ON FOR ORDERS, THIS B. VEERAPPA, J., MADE THE FOLLOWING:

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O R D E R

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The complainant has filed the present contempt petition under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971, to take action against the accused for willful disobedience of the order dated 19-6-2020 passed in Writ Petition Nos.22658-22662 of 2015 & 22663 of 2015 connected with Writ Petition Nos.30603 of 2015 and 34567-34568 of 2015 wherein, the learned Single Judge directed the revenue authorities/municipal authorities to make appropriate entries in the name of the complainant upon representation being made in accordance with law and as per the applicable procedure, in light of the findings made in that order.

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CCC No. 341 of 2021

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Sri Kiran Kumar, learned High Court Government Pleader, has

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filed a memo along with two documents to show that RTCs have been affected in the name of the complainant and receipt for having paid the cost to the complainant.

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Memo along with a copy of RTC extracts and Mutation entries filed by the learned High Court Government Pleader are taken on record.

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RTC entries depicts the name of the complainant to an extent of 17 acres 20 guntas in survey No.4 situate at Kurubarahalli Village, Kasaba Hobli, Mysuru and thereby, the order passed by the learned Single Judge has been complied with.

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Sri Chandan, learned counsel for the complainant, submits that he has filed an application dated 2-6-2022 for phodi and durasth before the accused as per the permission granted by this Court vide order dated 5-4-2022.

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As agreed by both the parties, it is open for the complainant to pursue the application filed on 2-6-2022 for phodi and durasth . Since the accused-Sri Girish B.N., Tahsildar, Mysuru, is present before the Court, with regard to application filed on 2-6-2022, he is directed to proceed and

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CCC No. 341 of 2021

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pass appropriate orders in accordance with law within a period of eight

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weeks' from today.

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In view of the compliance, the contempt proceedings are hereby

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dropped .

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