Disposed

Smt.Sharadhamma v. Sri.Rajkumar Khatri

Karnataka HC26 Mar 2024CCC/281/2022

Case brief

AI extract

What is this about?

Complainant sought punishment of revenue authorities for willful disobedience of a writ direction to consider her regularization application within six months. Since an appeal under the Karnataka Land Grant Rules was pending before the Assistant Commissioner with an interim stay, the court directed her to make afresh representation and dropped the contempt proceeding.

What the court decided

AI extract

Smt.Sharadhamma Vs Sri.Rajkumar Khatri — Contempt of Court | Karnataka HC (2024)

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NC: 2024:KHC:12361-DB CCC No. 281 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF MARCH, 2024

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE RAJESH RAI K

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CCC NO. 281 OF 2022

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BETWEEN:

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SMT. SHARADHAMMA W/O RAMAIAH AGED 78 YEARS R/AT NALLAYYANNA DODDI VILLAGE INDLUVADI POST ANEKAL TALUK - 562106.

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…COMPLAINANT

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(BY SRI. BYRE GOWDA N - ADVOCATE)

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Digitally signed by SUMATHY KANNAN

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Location: High Court of Karnataka

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AND:

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SRI. RAJKUMAR KHATRI SECRETARY THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA, VIDHANA VEEDHI BENGALURU 560001.

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B SHIVANNA

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CHAIRMAN THE COMMITTEE FOR REGULARIZATION OF UNAUTHORISED OCCUPATION (AKRAMA SAKRAMA SAMITHI ), ANEKAL OFFICE OF THE TAHASILDAR MAIN ROAD, ANNEKAL 562106.

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NC: 2024:KHC:12361-DB CCC No. 281 of 2022

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P DINESH

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TAHASILDAR ANEKAL OFFICE OF THE TAHASILDAR

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MAIN ROAD, ANEKAL 562106.

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THE STATE OF KARNATAKA DEPARTMENT OF REVENUE ROOM NO.505, 5^TH FLOOR GATE 3, M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560001 REP. BY ITS PRINCIPAL SECRETARY.

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…ACCUSED

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(BY SRI. SUYOG HEGDE – AGA FOR ACCUSED)

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THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971, PRAYING TO PUNISH THE ACCUSED FOR THE WILLFUL DISOBEDIENCE OF THE ORDER DATED 28/11/2019 PASSED BY THIS HON’BLE COURT IN W.P NO.35772/2019.

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THIS CCC, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR . J., MADE THE FOLLOWING:

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ORDER

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Learned counsel Shri Byre Gowda N for complainant is present and the said counsel submits that this contempt proceeding has been initiated against the respondents / State for implementation of the order passed by the learned Single Judge in W.P.No.35722/2019 dated

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28.11.2019.

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3 - NC: 2024:KHC:12361-DB CCC No. 281 of 2022

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The learned Single Judge has observed at

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paragraph No.4 of its order thus:

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“4. In that view of the matter, respondents shall consider petitioner’s application, if it is found in order in all respects as expeditiously as possible within an outer limit of six months from the date of constitution of Committee.”

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In the meanwhile of recording the said status in this matter, learned AGA refers to Annexure-R1 relating to the proceedings in Appeal No.LND/RA(A): 02/2021-22 pending before the Court of the Assistant Commissioner, Bangalore South Sub-Division, Bangalore. In these proceedings, the concerned Assistant Commissioner, Bangalore South Sub-Division, Bangalore, had passed an interim order which reads thus:

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“The appeal filed under Rule 108(K) of the Karnataka Land Grant Rules, 1966 is heard and interim stay is granted for the proceedings in respect of the recommendations dated 21.07.2001, 03.01.2003, 04.09.2003, 09.01.2003, 03.02.2004, 03.04.2004 and 10.07.2012 passed by the Committee for

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4 - NC: 2024:KHC:12361-DB CCC No. 281 of 2022

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Regularisation of Unauthorised Cultivation of the Government Land, Anekal Taluk, until the next date of hearing.”

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Learned AGA submits that the said proceeding is

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pending for consideration of the issues emerged between the parties to the proceedings.

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Hence, we deem it appropriate to direct the complainant who has initiated contempt proceedings against the respondent / authority, to make a representation afresh, before the aforesaid Committee where the appeal in LND/RA(A): 02/2021-22 is pending. Ordered accordingly.

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Consequently, this Contempt proceeding is hereby

dropped.

Sd/-

JUDGE

Sd/-

JUDGE

Smt.Sharadhamma v. Sri.Rajkumar Khatri

Case brief

What is this about?

What the court decided

Smt.Sharadhamma v. Sri.Rajkumar Khatri

Case brief

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What the court decided

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