Dismissed

Smt. Putala Bai W/O Late Anna Rao Patil v. Mrs. Mona Rout IAS

Karnataka HC10 Jan 2023CCC/200061/2022

Case brief

AI extract

What is this about?

This court dismissed a second contempt petition filed by legal representatives of the first petitioner for delay in compensation payment. The petition was dropped as the accused was complying with a prior order pending Deputy Commissioner approval.

What did the court decide?

The second contempt petition was dropped. The Tahasildar was directed to ensure payment to beneficiaries upon receipt of Deputy Commissioner approval.

Smt. Putala Bai W/O Late Anna Rao Patil Vs Mrs. Mona… — Contempt of Court | Karnataka HC (2023)

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IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH

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DATED THIS THE 10^TH DAY OF JANUARY 2023

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PRESENT

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THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

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AND

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THE HON’BLE MR.JUSTICE T.G.SHIVASHANKARE GOWDA

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CCC No.200061/2022 (CIVIL)

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Between:

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Smt. Putala Bai W/o Late Anna Rao Patil Since deceased by LRs

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1(a) Sathlingappa S/o Late Anna Rao Patil Age about 60 years, Occ: Agriculture

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1(b) Gurushanthappa S/o Late Anna Rao Patil Age about 57 years, Occ: Agriculture

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All R/o No.280, Laxminagar Bablad Road, Kalaburagi-585103

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…Complainants

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(By Sri Huske Suryakanth, Advocate)

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And:

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Mrs. Mona Rout, I.A.S., The Assistant Commissioner & Land Acquisition Officer

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Jagath Circle, Kalaburagi-585102

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… Accused

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The Principal Secretary to Government Revenue Department, 5^th Floor Gate No.3, Multi Storied Building Bengaluru-560001

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…Proforma Party

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(By Sri Mallikarjun C. Basareddy, Govt. Advocate for R2)

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This CCC is filed under Section 12 of the Contempt of Court Act, 1971, praying to initiate contempt proceedings against the above named respondents/accused no.1, for the willful and deliberate disobedience of directions and violation of the orders issued by this Court on 15^th April 2021 in the Writ Petition No.200716/2021 as per Annexure-B, resulting into disrespect to the dignity of this Court, attracting appropriate action under Section 12 of the Contempt of Court Act, 1971.

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This petition coming on for orders, this day, Sreenivas Harish Kumar J., made the following:

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O R D E R

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This is second contempt petition. After the

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death of the complainant, her legal representatives have come on record.

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It is the submission of learned counsel for the

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complainants that so far the beneficiaries have not received compensation inspite of specific direction by this court in CCC No.200148/2021.

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Learned Government Advocate submits that

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award of `2,10,84,181/- has already been passed by the acquiring authority and the same has been forwarded to the Deputy Commissioner for approval. He also submits that payment would be made to the beneficiaries as soon as the approval is received.

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This second contempt petition is not

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maintainable. On perusal of the order passed in CCC No.200148/2021, it is found that the Special Land Acquisition Officer passed an award of `2,10,84,181/and therefore the said contempt petition was disposed of giving a direction to the respondent to ensure payment of compensation to the complainant as expeditiously as possible and at any rate, within a period of three months. For the reason that time frame was fixed in the order and since the amount has not been paid, this second contempt petition has been filed.

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As per the submission made by learned Government Advocate, the award passed by the Special Land Acquisition Officer has to be approved by the Deputy Commissioner and in this view, we do not find any good reason to entertain this contempt petition. Therefore, this contempt petition is dropped.

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Sri K. Anandsheel, the Tahasildar working in the office of the Assistant Commissioner/Special Land Acquisition Officer who is present before the court, ensures payment to the beneficiaries soon after receiving the approval from the office of the Deputy Commissioner.

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Sd/JUDGE

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Sd/JUDGE

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swk

Smt. Putala Bai W/O Late Anna Rao Patil v. Mrs. Mona Rout IAS

Case brief

What is this about?

What did the court decide?

Smt. Putala Bai W/O Late Anna Rao Patil v. Mrs. Mona Rout IAS

Case brief

What is this about?

What did the court decide?

What the court decided

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