Dismissed

Sri v. Govindaraju v Sri M. Munirangappa

Karnataka HC6 Jan 2022CCC/823/2021

Case brief

AI extract

What is this about?

In a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 for willful disobedience of a quashing order regarding a khatha change, the accused filed a memo stating compliance had been effected. The Court accepted this and dropped the contempt proceedings but reserved the complainant's right to challenge the specific intimation letter regarding the date of compliance.

What did the court decide?

Contempt proceedings against the accused were dropped.

Sri v Govindaraju Vs Sri M… — Constitutional and Fundamental Rights | 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. 823 OF 2021

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BETWEEN :

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SRI V.GOVINDARAJU, S/O LATE VENKATARAJU, AGED ABOUT 47 YEARS, R/A NO.19, 7^TH MAIN, NAYAK LAYOUT, JAMBU SAVARI DINNE, J.P.NAGAR 8^TH PHASE, BENGALURU - 560 078.

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...COMPLAINANT

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(BY SRI VIJAYA KUMAR.K., ADVOCATE)

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AND:

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SRI M.MUNIRANGAPPA, AGED ABOUT 50 YEARS, PANCHAYATH DEVELOPMENT OFFICER, KALLUBALU GRAM PANCHAYATH, JIGANI HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 562 106.

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STATE OF KARNATAKA,

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BY ITS SECRETARY, PANCHAYATH RAJ DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. …ACCUSED

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(BY SRI A NAGARAJAPPA, ADVOCATE FOR R1; SRI KIRAN KUMAR, HCGP FOR R2)

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THIS CCC FILED UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO TAKE SUITABLE ACTION AGAINST THE ACCUSED FOR THE WILLFUL DISOBEDIENCE OF THE ORDER OF THIS COURT VIDE ORDER DATED 16.07.2021 PASSED IN W.P.NO.9210/2018 (LB-RES) PRODUCED AS ANNEXURE-A. 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 complainant has filed the present contempt petition to

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take action against the accused under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971 for willful disobedience of the order dated 16^th July, 2021 passed by the learned Single Judge in Writ Petition No.9210 of 2018 (LB-RES) wherein the learned Single Judge while allowing the writ petition had quashed the endorsement issued by the second respondent Panchayath Development Officer, Kallubalu Gram Panchayath, Jigani Hobli, Anekal Taluk, Bengaluru District and directed the

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second respondent to effect change of khatha in terms of the registered Sale Deed dated 14^th March, 2017 within a period of six weeks from the date of receipt of copy of the order. Since the second respondent has not complied with the said order, the complainant was forced to file the present contempt petition on 22^nd October, 2021.

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After receipt of notice by this Court, the accused No.1 represented by Shri A.Nagarajappa, learned counsel who has filed a memo dated 06^th January, 2022 stating that in terms of the order passed by this Court dated 16^th July, 2021, the manual khatha in the name of the complainant was changed and sent the same to the complainant by Registered Post Acknowledgement Due (R.P.A.D.) on 03^rd December, 2021. Accordingly, they have produced the manual khatha extract in respect of the property in dispute, i.e., No.2844 measuring 30 X 40 feet with boundaries in the name of the complainant, thereby the same is placed on record. Therefore, the order of the learned Single Judge has been complied with.

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In view of the same, we pass the following:

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ORDER

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(i) The contempt proceedings are hereby dropped.

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(ii) It is needless to observe that the complainant is at liberty to challenge the intimation letter, if so aggrieved, in

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accordance with law.

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Sd/JUDGE

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Sri v. Govindaraju v Sri M. Munirangappa

Case brief

What is this about?

What did the court decide?

Sri v. Govindaraju v Sri M. Munirangappa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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