This bench disposed of civil contempt proceedings filed against the Assistant Director of Land Records and the State. The High Court dropped the proceedings and directed the complainant to challenge the endorsement regarding the survey work through regular legal channels.
Civil contempt proceedings against the accused were dropped.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON’BLE MRS. JUSTICE M.G. UMA
C.C.C.No.811/2021 (CIVIL)
BETWEEN:
C. RUKUMINI, DAUGHTER OF CHANNAPPA @ SONNE PALLEPPA, AGED ABOUT 42 YEARS, R/AT NO.213, 54TH CROSS, 4TH DIVISION, RAJAJINAGAR, BENGALURU - 560 010
...COMPLAINANT
(BY SRI. SOMASHEKARA K.M., ADVOCATE)
AND:
…ACCUSED
(BY SRI. KIRAN KUMAR, HCGP)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971 R/W ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE OF CIVIL CONTEMPT AGAINST THE ACCUSED FOR DISOBEDIENCE AND NOT IMPLEMENTING THE ORDER OF THIS HON'BLE COURT IN W.P.NO.3849/2021 (KLR-RES) DATED 23.02.2021 VIDE ANNEXURE-B AND PUNISH THE ACCUSED.
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THIS CCC COMING ON FOR ORDERS THIS DAY, THROUGH VIDEO CONFERENCE B.VEERAPPA J. , MADE THE FOLLOWING:
O R D E R
The complainant has filed the present civil contempt petition
to take action against the accused persons under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, for willful disobedience of the order passed by the learned Single Judge of this Court vide order dated 23.02.2021 in W.P.No.3849/2021, wherein the learned Single Judge, while disposing of the writ petition, directed respondent No.3-The Assistant Director of Land Records to examine the grievance of the petitioner/complainant and pass a speaking order or redress the grievance in respect of Thathkal phodi and durasti work and assign boundaries in respect of the subject land within a period of four months from the date of receipt of the order. 2. Heard Sri. Somashekara.K.M., learned counsel for the complainant and Sri. Kiran Kumar, learned High Court Government Pleader for the respondents/accused.
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order dated 23.02.2021 passed by the learned Single Judge, issued endorsement dated 18.01.2022 stating that it is not possible to conduct the Thathkal phodi and durasti work.
ORDER
(ii) It is needless to observe that it is always open for the complainant to challenge the endorsement dated 18.01.2022 issued by the Assistant Director of Land Records, if he is so aggrieved in accordance with law.
Sd/JUDGE
Sd/JUDGE
SMJ
1 issue framed by the court
Whether civil contempt proceedings should be pursued against the accused for non-implementation of a prior order directing land survey work.
2 provisions across 2 enactments
B. VEERAPPA
M.G. UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
