Civil contempt petition alleging disobedience of a High Court order directing removal of encroachment by gram panchayat officials; on affidavit showing survey conducted, encroachment demarcated and notice issued for removal, the court dropped the contempt.
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NC: 2024:KHC-D:15054-DB CCC No. 100170 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CIVIL CONTEMPT PETITION NO.100170 OF 2024
BETWEEN:
SHRI. ISHWARAPPA HADAGALI AGE: 63 YEARS, OCC: AGRICULTURE, R/O. KUSANURU VILLAGE, TQ: HANGAL, DIST: HAVERI-581 104.
Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.10.24 10:32:28 +0530
…COMPLIANANT (BY SRI. M.R.HIREMATHAD AND PRAKASH BADIGER, ADVOCATES) AND: 1. SHRI. RASKULSAB JIDDINAMANI THE PDO, GRAM PANCHAYAT KUSANURU, TALUK: HANGAL, DIST: HAVERI-581 104. …ACCUSED 2. SHRI. S. NAGARAJ ASSISTANT EXECUTIVE ENGINEER, PWD-SUB DIVISION, HANGAL-581 104. …ACCUSED 3. THE STATE OF KARNATAKA DEPERTMENT OF RURAL DEVELOPMENT,
VIKAS SOUDH AMBEDKAR VIDHI, BANGALORE-580 002.
…PRO-FORMA RESPONDENT
THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PLEASED TO, TAKE APPROPRIATE ACTION AGAINST ACCUSED HEREIN FOR DISOBEYING THE ORDER OF THIS HON’BLE COURT ORDER DATED 08-02-2024 IN W.P.NO. 100537/2024 (LB-US) VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
None appears for the complainant.
Sri.A.A.Pathan, learned counsel undertakes to appear for accused – respondent No.1 and the learned AGA undertakes to appear for accused – respondent Nos.2 and 3.
The learned counsel appearing for the accused – respondent No.1 has filed an affidavit stating that as per the directions of this Court, survey has been conducted, encroachment has been de-marketed and notice is also issued for one Durgavva for removal of the encroachment.
In view of the affidavit filed by P.D.O. of Kusanur Panchayat, the contempt is dropped.
Sd/(H.T.NARENDRA PRASAD) JUDGE
Sd/(VENKATESH NAIK T) JUDGE
RSH / Ct:VH List No.: 1 Sl No.: 49
3 provisions across 2 enactments
Ishwarappa Hadagali
Raskulsab Jiddinamani
S. Nagaraj
State of Karnataka
H.T. Narendra Prasad
Venkatesh Naik T
As recorded by the court registry
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