Disposed

Shivayogi Urf Shrishail S/O. Shivaputrappa Katti, Occ. Agriculture v. Dr. Krishnamurthy, Age Major

Karnataka HC7 Sept 2023CCC/100044/2023

Case brief

AI extract

What is this about?

Contempt petition filed for non-compliance of Writ Petition order. Court noted partial compensation deposit and issuance of preliminary notification. Contempt proceedings closed with directions to complete acquisition within five months.

What did the court decide?

Contempt proceedings closed; full compensation of Rs. 26,45,769/- to be disbursed; respondents directed to complete acquisition within five months.

Shivayogi Urf Shrishail S/O. Shivaputrappa Katti, Occ… — Land Acquisition | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:10147-DB CCC No. 100044 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 7^TH DAY OF SEPTEMBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA CIVIL CONTEMPT PETITION NO. 100044 OF 2023

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BETWEEN:

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SHIVAYOGI @ SHRISHAIL, S/O. SHIVAPUTRAPPA KATTI, OCC: AGRICULTURE, 131, WARD NO.5, GOVINDPUR GALLI, MUDHOL, DIST. BAGALKOTE

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…COMPLAINANT

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(BY SRI K. L. PATIL AND SRI S. S. BETURMATH, ADVOCATES)

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AND:

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DR. KRISHNAMURTHY, AGE MAJOR, SECRETARY, PUBLIC WORKS AND INLAND WATER TRANSPORT DEPARTMENT,

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ROHAN HADIMANI T

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Digitally signed by ROHAN HADIMANI T Date: 2023.09.12 03:13:16 -0700

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M. S. BUILDING, BENGALURU-1.

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P. SUNILKUMAR, AGE MAJOR, DEPUTY COMMISSIONER, BAGALKOTE, NAVANAGAR, BAGALKOTE NAVANAGAR, BAGALKOTE 587101.

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SIDDU HULLOLLI, AGE MAJOR (NOT KNOWN) ASSISTANT COMMISSIONER, JAMAKHANDI SUB-DIVISION, JAMAKHANDI 587301, DIST: BAGALKOTE.

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SOMASHEKHAR SAWAN, AGE MAJOR, EXECUTIVE ENGINEER, PUBLIC WORKS AND INLAND WATER

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2 - NC: 2023:KHC-D:10147-DB CCC No. 100044 of 2023

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TRANSPORT DEPARTMENT, MUDHOL DIVISION, MUDHOL, BAGALKOTE 587101.

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SOMASHEKHAR SAWAN, AGE MAJOR (NOT KNOWN) IN CHARGE, ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS AND INLAND WATER TRANSPORT DEPARTMENT, MUDHOL SUB DIVISION, MUDHOL, DIST: BAGALKOTE-587313.

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, PUBLIC WORKS AND INLAND WATER TRANSPORT DEPARTMENT, M.S. BUILDING, BENGALURU-1.

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C. SATHYANARAYAN, AGE: MAJOR, (NOT KNOWN) SECRETARY, PUBLIC WORKS AND INLAND WATER TRANSPORT DEPARTMENT, M.S. BUILDING, BENGALURU-1.

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SMT. JANAKI K.M., AGE: MAJOR, (NOT KNOWN) DEPUTY COMMISSIONER, BAGALKOTE, NAVANAGAR, BAGALKOTE NAVANAGAR, BAGALKOTE 587101.

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SANTOSH KAMAGOND, AGE: MAJOR, (NOT KNOWN) ASSISTANT COMMISSIONR, JAMKHANDI SUB-DIVISION, JAMKHANDI 587301, BAGALKOTE DIST.

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R.S. KADIWAL , AGE: MAJOR, (NOT KNOWN) EXECUTIVE ENGINEER, PUBLIC WORKS AND INLAND WATER TRANSPORT DEPARTMENT, BAGALKOTE DIVISION, DIST: BAGALKOTE 587101.

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3 - NC: 2023:KHC-D:10147-DB CCC No. 100044 of 2023

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CHANNABASAV MACHANUR, AGE: MAJOR, (NOT KNOWN) ASSISTANT ENGINEER, PUBLIC WORKS AND INLAND WATER TRANSPORT DEPARTMENT, MUDHOL SUB-DIVISION, MUDHOL, DIST: BAGALKOTE-587313.

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…RESPONDENTS/ACCUSED

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(BY SRI G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)

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THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PRAYING TO SECURE THE PRESENCE ACCUSED PERSONS, INITIATE CONTEMPT PROCEEDINGS AND PUNISH THEM FOR HAVING COMMITTED CONTEMPT OF THE ORDER DATED 06/09/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.103092/2021 (LA-RES) PRODUCED AT ANNEXURE-A.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, KRISHNA KUMAR, J., MADE THE FOLLOWING:

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ORDER

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This contempt proceedings arise out of the order

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dated 06.09.2021 passed in Writ Petition No.103092/2021 (LA-RES), whereby this Court directed the respondents to conduct necessary survey of the subject land and acquire the same under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2023 and to pay the compensation in terms of the said order. Aggrieved by the inaction on the part of the respondents to comply with the directions of

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4 - NC: 2023:KHC-D:10147-DB CCC No. 100044 of 2023

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this Court in Writ Petition No.103092/2021, the complainant is before this Court by way of the present petition.

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When the matter was listed on 22.08.2023, a sum of Rs.19,05,416/- was deposited by the respondents and brought to the notice of this Court, which passed the following order :

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“ On 10.08.2023, this Court noted the submission of the accused-respondents that Rs.26,45,769/- would be paid on or before 21.08.2023.

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Today, the learned Government Advocate has filed a memo, along with a Demand Draft No.720100, dated 08.08.2023, for having deposited a sum of Rs.19,05,416/- before this Court. It is submitted that the balance amount, as undertaken by the accusedrespondents before this Court, would be paid/deposited by the next date of hearing and a Preliminary Notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, would also be issued by the accused-respondents. Submission is placed on record.

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The Registry is directed to disburse the aforesaid amount of Rs.19,05,416/- deposited in favour of the complainant subject to complainant furnishing/executing an indemnity bond in this regard.

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Re-list on 7^th September 2023 .”

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5 - NC: 2023:KHC-D:10147-DB CCC No. 100044 of 2023

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As directed in the aforesaid interim order, the aforesaid sum of Rs.19,05,416/- has been disbursed in favour of the complainant. Today, learned AGA has filed memo including a copy of demand draft in a sum of Rs.7,40,353/- as well as notification issued under Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. The Registry is directed to deposit the said demand draft in the Court and disburse the amount in favour of the complainant.

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It is made clear that the withdrawal of both aforesaid amounts would be without prejudice to the rights and contentions of the parties and subject to the award and further proceedings in pursuance to the same and complainant shall execute necessary indemnity bond in this regard before the registry.

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Registry is directed to disburse the entire amount of Rs.26,45,769/- in favour of the complainant forthwith without any delay.

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6 - NC: 2023:KHC-D:10147-DB CCC No. 100044 of 2023

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Liberty is also reserved in favour of the complainant to seek enhancement immediately after award is passed, if they are aggrieved by the same.

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In view of issuance of preliminary notification dated 28.08.2023, the respondents are directed to conclude the acquisition proceedings and pass award in terms of the order/directions issued by this Court in Writ Petition No.103092/2021 (LA-RES) within a period of five months from the date of receipt of a copy of this order.

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If the respondents do not complete the acquisition

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proceedings within five months, liberty is also reserved in favour of complainant to seek revival of the contempt proceedings.

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Subject to the aforesaid liberty and direction, contempt proceedings is closed.

Sd/JUDGE

Sd/JUDGE

CKK

LIST NO.: 1 SL NO.: 15

Shivayogi Urf Shrishail S/O. Shivaputrappa Katti, Occ. Agriculture v. Dr. Krishnamurthy, Age Major

Case brief

What is this about?

What did the court decide?

Shivayogi Urf Shrishail S/O. Shivaputrappa Katti, Occ. Agriculture v. Dr. Krishnamurthy, Age Major

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Case details

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