The Karnataka High Court dropped contempt proceedings filed against an Assistant Commissioner. The accused alleged lack of intimation regarding the interim stay order and voluntarily withdrew the errant order once the breach was realized.
Contempt proceedings 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 21ST 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.880/2021 (CIVIL)
BETWEEN:
SRI S.D. AVALAPPA, S/O LATE MUNIYAPPA @ DOMMANNA, AGED ABOUT 54 YEARS, R/O SATHANURU VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT.
...COMPLAINANT
(BY SRI H. N. BASAVARAJU, ADVOCATE)
AND:
1 . SRI K. RANGANATH, FATHER'S NAME NOT KNOWN TO THE COMPLAINANT, MAJOR IN AGE, ASSISTANT COMMISSIONER, BENGALURU NORTH SUB DIVISION, KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU-560 009.
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2 . THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, M. S. BUILDING, BENGALURU-560001.
...ACCUSED
(BY SRI V. SREENIDHI, AGA)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT PRAYING TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED HEREIN FOR COMMITTING BREACH OF THE ORDER DATED 19.03.2021 PASSED BY THIS COURT IN W.P.NO.4339/2021 AS PER ANNEXURE-J AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.
THIS CCC COMING ON FOR ORDERS THIS DAY, B.VEERAPPA J. , MADE THE FOLLOWING:
O R D E R
The present contempt petition is filed under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971 praying to take action against the accused for willful disobedience of the order dated 19.03.2021 made in Writ Petition No.4339/2021, wherein the learned Single Judge of this Court has granted the interim order staying the operation
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of Annexure-'N' to the writ petition, by which the Deputy Commissioner remanded the matter to the Assistant Commissioner. Inspite of the interim order granted, the Assistant Commissioner proceeded to pass the order dated 23.4.2021 as per Annexure-L in R.A. No.171/2014-2015. Therefore, the complainant filed the present contempt petition.
"3. I most respectfully submit that the very same subject matter of dispute was also pending adjudication before me in R.A. No.171/2014-15. I was not intimated about the Interim Order of Stay granted by this Hon'ble Court by either of the parties to the proceedings including the Complainant herein. As such due to inadvertence, after hearing orders were passed in the aforementioned R.A. No.171/2014-15. I passed a Final Order on 23.04.2021. Immediately after, the order has passed by me the Complainant has filed the
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present Contempt Petition alleging the willful disobedience on my part. Thereafter I personally verified the documents and I have personally verified regarding the grant the interim order by this Hon'ble Court. Upon realizing the factum of interim Order being granted by this Hon'ble Court I have been immediately taken steps and I have withdrawn the Order passed by me on 23.04.2021 by exercising my power under Section 25 of the Karnataka Land Revenue Act. I have now kept the Appeal pending awaiting further orders to be passed in Writ Petition No.4339/2021. The Copy of the Order passed by me withdrawing earlier order dated 20.12.2021 is herewith produced and marked as Annexure-R1."
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O R D E R
The contempt proceedings are hereby dropped .
Sd/JUDGE
Sd/JUDGE
Gss*
1 issue framed by the court
Whether to initiate contempt proceedings for alleged willful disobedience of an interim stay order where the accused claimed lack of notice and subsequently withdrew the disputed order suo motu.
2 provisions across 2 enactments
SRI S.D. AVALAPPA
SRI K. RANGANATH
THE STATE OF KARNATAKA
B. VEERAPPA
M.G. UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
