This contempt petition challenged non-compliance with directions to mutate land khatha in favour of the complainant. The High Court accepted a compliance affidavit showing reasons for delay and disposed of the proceedings.
The contempt proceedings were disposed of; no merit expressed on the grievance; independent proceedings left open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:31698-DB CCC No. 384 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K V ARAVIND CCC NO. 384 OF 2024 (CIVIL)
BETWEEN:
…COMPLAINANT
(BY SRI RAMESH K.R, ADVOCATE)
AND:
Digitally signed by PRABHAKAR SWETHA KRISHNAN
Location: High Court of Karnataka
THE ASSISTANT COMMISSIONER, CHIKKABALLAPURA SUB-DIVISION, CHIKKABALLAPURA DISTRICT – 562 102.
…ACCUSED
NC: 2024:KHC:31698-DB CCC No. 384 of 2024
…PRO FORMA RESPONDENT
(BY SMT. PRAMODHINI KISHAN, AGA)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NOS.1 AND 2 FOR HAVING COMMITTED THE CONTEMPT OF THE ORDER DATED 13.12.2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.NO.27106/2023 AND DEAL WITH THEM IN ACCORDANCE WITH LAW FOR HAVING COMMITTED SUCH ACTS.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA
and
HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. K.R. Ramesh for the complainant and learned Additional Government Advocate Smt. Pramodhini Kishan for the respondent-State.
“Having taken note of the finding recorded by the respondent No.2 herein, as per Annexure-M to the writ petition, the respondent No.3 is directed to consider the representation dated 06.10.2023 made by the petitioner for effecting khata in favour of the petitioner in accordance with law, taking into consideration the observations made by the respondent No.2 herein at Annexure-M dated 27.09.2023 within an outer limit of two months from the date of receipt of certified copy of this order.”
the Assistant Commissioner, Chikkaballapur Sub-division in
accordance of which the directions of learned Single Judge were
complied with are hereunder,
“Regarding the land in Sy.No.38/A Block, extent of 3-00 acres land in Kurubarahalli Village, Jangamakote Hobli, Shidlghatta Taluk has been sanctioned in the name of Smt Noorjan W/o Mehaboob sab, I have directed to ordered to the Thasildar Shidlaghatta Taluk to change the katha as per the rules as per the rules and verify the possession experience.”
the Rules and after verifying the possession experience.
order reads as under,
“After the Examining in the record section as per the above factors either grant file or proceedings copy or saguvalli certificate or saguvalli certificate issue register or any grant documents are not available in Tahsildar office regarding grant made in the name of Smt Noor Jaan W/o Mehaboob Sab to verify about the genuine of the land grant and make khatha to Smt Noor Jaan. Accordingly a letter has been addressed to the Assistant Commissioner, Chikkaballapur vide no:LND 79/2023, copy of this letter has been furnished to you also.
The Xerox copy of the grant proceedings register is available as per document submitted by you with your request letter to Tahsildar office, wherein it could be seen
that the only name of the Smt Noor Jaan W/o Mehaboob Sab entree changes in hand writing style in the Xerox copy of grant proceedings register. As such, after verifying the validity in pursuance to LND/RA/Shi/21/2023-24 dated: 27.09.2023 there is no provision to this office to remove the name of government and make entries in the name of legal heirs of Noor jaan w/o Mehaboob Sab pertaining to land measuring 3.00 acres in Sy.No. 38/A of Kurubarahalli village, Jangamakotehobli, Shidlagatta Taluk.”
survives in this contempt proceedings.
however, this Court does not express any opinion on merits.
Sd/(N. V. ANJARIA) CHIEF JUSTICE
Sd/(K V ARAVIND) JUDGE
KPS
List No.: 1 Sl No.: 11
2 issues framed by the court
Whether the accused disobeyed the directions passed by this Court regarding khatha mutation.
Whether the court can dismiss the contempt petition if the accused has filed a compliance affidavit explaining the reasons for delay.
1 provisions across 1 enactments
State of Karnataka
N. V. Anjaria
K V Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
