Partly allowed

H P Rudraiah v. Sri Balappa

Karnataka HC24 Nov 2022CCC/852/2021

Case brief

AI extract

What is this about?

In a civil contempt petition filed for willful disobedience of a writ order directing payment of rent/damages, the Court found that the accused eventually complied after receiving a notice. The Court dropped the proceedings upon payment of litigation costs.

What did the court decide?

Contempt proceedings dropped subject to the accused paying Rs. 25,000 as litigation costs to the complainant within two weeks.

H P Rudraiah Vs Sri Balappa — Civil Procedure and Limitation | Karnataka HC (2022)

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CCC No. 852 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF NOVEMBER, 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

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CIVIL CONTEMPT PETITION NO. 852 OF 2021

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BETWEEN:

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H. P. RUDRAIAH, S/O LATE PANCHAKSHARAIAH, AGED 77 YEARS, R/O NO.1645/103, 12^TH CROSS, TEACHERS LAYOUT, VIDYANAGAR, DAVANAGERE.

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…COMPLAINANT

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(BY SRI. NAGAWADI BASAVARAJAIAH., ADVOCATE)

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AND:

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Digitally signed by USHA NAGENAHALLI SHANMUKHAPPA Location: High Court of Karnataka

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SRI BALAPPA, ASSISTANT COMMISISONER, RANEBENNUR AND I/C SPECIAL LAND ACQUISITION OFFICER, UPPER TUNGA PROJECT, RANEBENNUR, UTP COLONY, MAJID ROAD, RANEBENNUR AT PO: RANEBENNUR DISTRICT, HAVERI 581115.

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GOVERNMENT OF KARNATAKA, DEPARTMENT OF REVENUE, REP. BY ITS SECRETARY,

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CCC No. 852 of 2021

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VIKAS SOUDHA, BANGALORE-560001.

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…ACCUSED

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(BY SRI K.S. ARUN, HCGP)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971, R/W ARTICLE 215 OF CONSTITUTION OF INDIA, BY THE COMPLAINANT, PRAYING TO PUNISH THE ACCUSED FOR INTENTIONALLY, WILLFULLY AND WITH AN MALAFIDE INTENTION DISOBEY THE ORDER PASSED BY THIS COURT IN W.P.NO.7431/2021 DATED 12.04.2021 WHICH IS PRODUCED AS ANNEXURE-A.

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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 under the provisions of Sections 11 and 12 of the Contempt of Courts Act to initiate contempt proceedings against the accused for willful disobedience of the order, dated 12.4.2021, passed in Writ Petition NO.7431/2021 wherein the learned Single Judge while disposing off the writ petition directed the accused to pass necessary orders in terms of the directions issued by this Court in W.P.No.18011/2007 within a period of three months from the date of receipt of a copy of the order.

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CCC No. 852 of 2021

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The order, dated 22^nd October, 2008 passed in Writ Petition No.18011/2007 was placed reliance by the learned Single Judge of this Court, which clearly depicts that the accused-authority has to pay rents/damages for utilisation of the actual extent of land of the claimant from the date of its actual utilisation till the date of preliminary notification, dated 30.8.2008 (excluding 4 guntas of land notified in the final notification dated 26.9.2007).

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After issuance of legal notice along with a copy of the very order to the accused by the complainant, the accused ought to have passed the necessary orders and paid the rents to the complainant atleast within three months from 11.6.2021.

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Sri K.S. Arun, learned HCGP, today files compliance affidavit of Sri Shivananda, Assistant Commissioner, Haveri and In-charge Special Land Acquisition Officer, UTP, Ranebennur, wherein at paragraphs-3, 4 and 5, it is stated as under:

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"3. I submit that the directions issued in the earlier Writ Petition in W.P.No.18011/2007 and also on the basis of the directions issued to pass necessary orders as per the order

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CCC No. 852 of 2021

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passed in W.P.No.7431/2021, the compliance has been made.

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4. I submit that subsequent to passing of the order in the above mentioned Writ Petition, for the totalling extent of 21 Guntas which has been acquired a sum of Rs.69,185/- has been fixed as ground rent for the period of two years and an interest at 8% on the said amount totalling to Rs.88,395/- has been calculated and totalling a sum of Rs.1,57,580/has been calculated and accordingly on 22.11.2022 I award has been passed. Copy of I award dated 22.11.2022 is produced as ANNEXURE-R1 for kind perusal of this Hon'ble Court.

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5. I further submit that, based on the I award dated 22.11.2022, a request also has been made to the Administrative Officer, Karnataka Neeravari Nigama Limited, Dharwada, requesting him to release the amount of Rs.1,57,580/- as per the I award. The copy of letter dated 22.11.2022 is produced as ANNEXURE-R2 for kind perusal of this Hon'ble Court. The said amount of Rs.1,57,580/- will be released infavour of the complainant by way of account transfer/RTGS, if the

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CCC No. 852 of 2021

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complainant provides the bank account details within a period of 10 days from the date of release of amount by the Administrative Officer, Karnataka Neeravari Nigama Limited, Dharwada."

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The fact remains that accused having received the

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notice along with copies of the orders passed by this Court on 16.6.2021 and when the order passed by the learned Single Judge of this Court is not challenged by the accused, the accused ought to have passed necessary orders on or before 11.9.2021. Only when the notice on contempt petition is received, the accused has complied with the orders passed by the learned Single Judge of this Court by filing compliance affidavit and thereby, there is a delay of one year and the complainant is unnecessarily driven before this Court incurring financial loss to him. As such, for the delay in compliance of the order and unnecessarily driving the complainant to file the present contempt petition, the accused is liable to be imposed reasonable costs of Rs.25,000/- to the complainant.

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In view of the above, we pass the following:

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CCC No. 852 of 2021

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ORDER

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i) Contempt proceedings are hereby dropped subject to payment of costs of Rs.25,000/- as litigation expenses within a period of two weeks from today by the accused to the complainant.

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ii) However, liberty is reserved to the complainant to recover costs from the concerned Assistant Commissioner and Incharge Special Land Acquisition Officer, Upper Tunga Project, Ranebennur, Haveri District, who has disobeyed the order and was incharge as on the date when the order, dated 12.4.2021 was passed and notice dated 11.6.2022 was issued;

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iii) It is needless to observe that it is always open for the complainant to challenge the order dated 22.11.2022, if so aggrieved and in accordance with law;

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CCC No. 852 of 2021

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iv) Since the main matter itself is disposed of,

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all the pending applications, if any, are disposed of as they do not survive for consideration.

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Sd/JUDGE

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Sd/JUDGE

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Nsu/-

H P Rudraiah v. Sri Balappa

Case brief

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H P Rudraiah v. Sri Balappa

Case brief

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