Dismissed

Smt Saraswathibai v. Smt.Mamata Hosagoudara

Karnataka HC6 Jan 2022CCC/364/2020

Case brief

AI extract

What is this about?

High Court at Bengaluru disposed of a contempt petition filed under Sections 11 and 12 of the Contempt of Courts Act. The court held that the accused complied with the earlier order after administrative delay caused by district delimitation, and consequently dropped the petition.

What did the court decide?

Contempt petition dropped as the accused has complied with the earlier court order.

Smt Saraswathibai Vs Smt.Mamata Hosagoudara — Contempt of Court | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JANUARY, 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 M.G. UMA

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C.C.C. NO.364/2020

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BETWEEN :

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SMT. SARASWATHIBAI W/O LATE D. MANOHAR RAO AGED ABOUT 67 YEARS DAVANAGERE ROAD JAGALUR TOWN DAVANAGERE DISTRICT - 577528

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… COMPLAINANT

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(BY SRI.HIREMATHAD MAHESHAIAH RUDRAYYA, ADVOCATE)

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AND:

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SMT.MAMATA HOSAGOUDARA LAND ACQUISITION OFFICER FOR THE ACQUISITION OF LANDS FOR THE CONSTRUCTION OF COURT COMPLEX AND QUARTERS FOR THE JUDGES AT JAGALUR AND THE ASSISTANT COMMISSIONER HARAPANAHALLI SUB-DIVISION DAVANAGERE DISTRICT

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NOW BALLARY DISTRICT - 583131

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… ACCUSED

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(BY SRI.KIRAN KUMAR, HCGP)

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THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON'BLE HIGH COURT BE PLEASED TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR THE WILLFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO.52795/2015 DATED 16.12.2019, PRODUCED AT ANNEXURE-A BY DIRECTING THE ACCUSED TO COMPLY THE ORDER PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO.52795/2015 DATED 16.12.2019 AND PASS SUCH OTHER ORDER OR DIRETION UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE BY ALLOWING THE PETITION OF THE COMPLAINANT.

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THIS CCC COMING ON FOR ORDERS THIS DAY, B.VEERAPPA J , MADE THE FOLLOWING:

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O R D E R

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The present contempt petition is filed by the complainant to take action against the accused under Sections 11 and 12 of the Contempt of Courts Act, 1971 for the willful disobedience of the order dated 16.12.2019 passed in W.P.No.52795/2015, wherein the learned Single Judge disposed off the writ petition and directed the 3rd respondent to deposit or transfer the

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compensation amount of Rs.5,22,720/- to the petitioner's account forthwith.

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Since the accused has not complied the order passed by the learned Single Judge, the complainant was compelled to file the present contempt petition.

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Smt.Mamatha Hosagoudara, Assistant Commissioner and Land Acquisition Officer, Davanagere Sub-Division, Davanagere filed an affidavit dated 05.01.2022 along with copy of the acknowledgement for having received the amount by the complainant and in para Nos.3 to 5 of the said affidavit, she specifically stated and explained the delay, which reads as under;

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"3. I most respectfully state that subsequent to the passing of the order passed by this Hon'ble Court on 16.12.2019, the land in respect of which compensation was determined was delimited and was included in Davanagere Division, the said lands were initially coming within the Harapanahalli Division which is primarily part of Bellary District. As such, during

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the process of delimitation the file concerned to the Complainant was shifted from Harapanahalli Division to Davanagere Division. In the process, shifting of files and bifurcation of districts some time was lost due to administrative exigency.

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4. I most respectfully submit that immediately after file of the complainant was placed before me. I have taken steps immediately to ensure that the compensation amount determined in respect of the land of the Complainant is paid and the amount is also deposited to the account of the Complainant. In this regard, acknowledgement is also received from the complainant. Copy of the notice issued by us and copy of the acknowledgment for having received the amount issued by the Complainant are produced herewith as Annexures-R1 and R.2 respectively.

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5. I most respectfully submit that in view of the determined compensation amount now being transferred to the account of the Complainant, we have complied with the order passed by this Hon'ble Court."

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In view of the above, it is clear that the accused has complied the order dated 16.12.2019 passed by the learned Single Judge.

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Therefore, this contempt petition is dropped.

Sd/JUDGE

Sd/-

JUDGE

NBM

Smt Saraswathibai v. Smt.Mamata Hosagoudara

Case brief

What is this about?

What did the court decide?

Smt Saraswathibai v. Smt.Mamata Hosagoudara

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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