Dismissed

Sri. Somashekhara Shankarappa v. Sri. M. v Venkatesh

Karnataka HC2 Mar 2023CCC/1753/2017

Case brief

AI extract

What is this about?

In this civil contempt petition, the Court examined the respondent's defense that the delayed compliance was due to a stay in related proceedings. Finding that the Deputy Commissioner eventually implemented the orders, the Court dropped the contempt proceedings.

What did the court decide?

Contempt proceedings are hereby dropped; it is needless to observe that complainants can challenge the Deputy Commissioner's order if aggrieved in accordance with law.

Sri. Somashekhara Shankarappa Vs Sri. M. v. Venkatesh — Contempt of Court | Karnataka HC (2023)

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CCC No. 1753 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF MARCH, 2023

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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 MR. JUSTICE VENKATESH NAIK T

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CIVIL CONTEMPT PETITION NO. 1753 OF 2017

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BETWEEN:

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SRI. SOMASHEKHARA SHANKARAPPA, S/O. SHANKARAPPA, AGED ABOUT 59 YEARS, R/AT RATTIHALLI, HIREKERUR, HAVERI DISTRICT-581 116.

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…COMPLAINANT

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(BY SRI SUYOG HERELE, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

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SRI. M. V. VENKATESH, S/O. VENKATARAMAIAH, AGED ABOUT 45 YEARS, DEPUTY COMMISSIONER, HAVERI DISTRICT-581 110.

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…ACCUSED

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(BY SRI. KIRAN KUMAR, HCGP)

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THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INIDA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE RESPONDENT/ACCUSED FOR WILFUL DISOBEDIENCE OF THE ORDER DATED 03/04/2017 IN W.P. NO.22616/2016.

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THIS CCC COMING ON FOR ORDERS THIS DAY, B.VEERAPPA J., MADE THE FOLLOWING:

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CCC No. 1753 of 2017

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O R D E R

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Complainant has filed the present contempt petition under Article 215 of the Constitution of India read with Sections 11 and 12 of the Contempt of Courts Act, 1971 to take action against the accused for the alleged willful disobedience of the order dated 03^rd April, 2017 passed in Writ Petition No.22616 of 2016 (PIL) by the Co-ordinate Bench of this Court wherein the Co-ordinate Bench, after hearing both the parties, disposed of the writ petition with liberty to the petitioners to make representation to the Deputy Commissioner, Haveri District and upon such representation, the Deputy Commissioner shall consider and dispose of the same, after giving opportunity of hearing to all the concerned in the matter, as expeditiously as possible. The case of complainant is that though representation was made as per Annexure-B as back as on 08^th May, 2017, the Deputy Commissioner has not complied with the order and thereby, complainant have filed present contempt petition in the month of October, 2017.

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In response to the notice issued, several affidavits are filed before this Court.

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CCC No. 1753 of 2017

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Sri Kiran Kumar, learned High Court Government Pleader, brought to the attention of this Court the Additional Counter Affidavit filed on 08^th March, 2019, wherein at paragraphs 5 and 6 of the affidavit, it is specifically stated as under:

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" 5. I further submit that Anjuman Islam Committee which manages the Darga has challenged the proceedings of the Deputy Commissioner dated 01.12.2017 and notice of the Panchayat Development Officer before the Hon'ble High Court in Writ petition No.57987 of 2017. The Hon'ble High Court stayed the proceedings by order dated 19.12.2017. My predecessor was directed to be present before the Hon'ble High Court at Dharwad on 24.01.2018. I am orally informed by my Predecessor that based on the legal advice of District Legal Cell he withdrew the proceedings dated 01.12.2017 and issued notice to all the concerned parties to conduct the proceedings afresh. Thereafter, he filed a memo in the said writ petition and based upon Memo, the Writ Petition was disposed. A copy of the order dated 16.01.2018, withdrawing the earlier order and proceedings dated 01.12.2017 is herewith produced and marked as Annexure-R7.

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6. I submit that thereafter my predecessor has issued notices to both the parties concerned for enquiry on the representation made by the petitioner. Both the parties took some time. After hearing both the parties

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CCC No. 1753 of 2017

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my predecessor has passed an order on 08.02.2018. A copy of the order dated 08.02.2018 is herewith produced and marked as Annexure-R8. "

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Subsequently, another Additional Counter Affidavit

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dated 15^th March, 2019, also came to be filed before this Court by the Tahsildar of Rattihalli Taluk, Haveri District, wherein at paragraphs 3 and 4 of the counter affidavit, it is specifically stated as under:

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" I respectfully submit that the Deputy Commissioner, Haveri having directed the Assistant Commissioner, Haveri, Deputy Superintendent of Police, Haveri and Executive Officer, Taluk Panchayat, Hirekerur to implement the order dated 08.02.2018, the aforesaid officers have thereafter immediately taken steps in calling upon the Anjuman-A-Islam Committee, which being the Management of Mundeshyawali Darga, Rattihalli and informed them to voluntarily remove the encroachments over Government property. The said Committee of the Darga, has thereafter, on 13.03.2019, removed the encroachments and ensured compliance of the order dated 08.02.2018 and thus, also ensured the complaint of the Orders dated 03.04.2017 passed by the Hon'ble Court in writ petition No.22616 of 2016. The Assistant Commissioner, Haveri Sub-Division, Haveri vide his letter being No.LND/Vahi/121/2017-18 dated

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CCC No. 1753 of 2017

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13.03.2019, has submitted the compliance report to the Deputy Commissioner, Haveri.

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4. I respectfully submit that thereafter, for reporting compliance to this Hon'ble Court, the Deputy Commissioner, Haveri has addressed a letter to the Additional Government Advocate, Office of the Advocate General, High Court of Karnataka bearing No.LND:vahi:23:2017-18 dated 14.03.2019. I further submit that along wit the compliance letter, the Deputy Commissioner has enclosed the copies of the letters both dated 13.03.2019, of the Panchayat Development Officer, Grama Panchayat, Rattihalli and also the Executive Officer, Talulk Panchayat, Hirekerur reporting compliance and the clearance of the encroachments and also the taking over the possession of the cleared Government land in immovable property bearing property assessment No.90 of Grama Panchayat, Rattihalli by the Panchayat Development Officer, Grama Panchayat, Rattihalli. The photographs showing the removal of encroachments have been enclosed in the compliance report. The letter reporting compliance of the orders of this Hon'ble Court dated 14.3.2019 of the Deputy Commissioner, Haveri along with the aforesaid letters and photographs are collectively enclosed herewith and produced as Annexure-R14. "

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Having heard the learned counsel for the parties, and on careful perusal of the order dated 03^rd April, 2017, the Coordinate Bench, while disposing of the writ petition permitted

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6 - CCC No. 1753 of 2017

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the petitioners to make representation to the Deputy Commissioner, Haveri District and directed the Deputy Commissioner, Haveri to consider such representation and dispose of the same after hearing the parties concerned, as expeditiously as possible. The Deputy Commissioner, Haveri District, as back as on 08^th February, 2018, considered the representation and passed orders. The subsequent Affidavit filed by the Tahsildar also depicts that the order passed by the Deputy Commissioner has been implemented and thereby the order of the Deputy Commissioner has been complied with.

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In view of the above, we pass the following:

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O R D E R

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i) Contempt proceedings are hereby dropped;

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ii) It is needless to observe that it is always open for the complainants to challenge the order passed by the Deputy Commissioner, if they are so aggrieved in accordance with law.

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Sd/JUDGE

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Sd/JUDGE

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LNN

Sri. Somashekhara Shankarappa v. Sri. M. v Venkatesh

Case brief

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Sri. Somashekhara Shankarappa v. Sri. M. v Venkatesh

Case brief

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