Contempt petition alleging disobedience of writ directions to furnish documents and conduct a survey of Sy. Nos. 58 and 59 of Sidihosakote Village. Compliance affidavit showed the survey was conducted and sketch submitted with complainant's participation; petition closed.
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:32646-DB CCC No. 633 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH 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. 633 OF 2023 (CIVIL)
BETWEEN:
S/O LATE GOVINDAPPA, AGED ABOUT 68 YEARS, R/O SIDDI HOSAKOTE VILLAGE, ANEKAL TALUK, BENGALURU DIST 560102
…COMPLAINANT
(BY SRI SYED AKBAR PASHA, ADVOCATE)
AND:
Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka
AGED ABOUT 40 YEARS,
THE ASSISTANT DIRECTOR OF LAND RECORDS,
TALUK SURVEYOR DEPARTMENT TALUK OFFICE ANEKAL ANEKAL TOWN AND TALUK, BENGALURU DIST 560102
ANEKAL TALUK, BENGALURU DIST 560102
...ACCUSED
…PRO FORMA RESPONDENT (BY SRI MOHAMMED JAFFAR SHAH, AGA)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON’BLE COURT BE PLEASED TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED AND FURTHER PLEASE TO PUNISH THE ACCUSED FOR HAVING BEEN COMMITTED CONTEMPT OF THIS HON’BLE COURT BY DISOBEYING THE ORDER PASSED IN W.P.NO.10832/2022 DATED 11.08.2022 WHICH IS PRODUCED AT ANNEXURE-A.
THIS CONTEMPT 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)
Learned Single Judge in order dated 11.08.2022 while
disposing of the writ petition passed the following directions,
“Therefore, it is expedient to dispose of the writ petition directing the 3rd respondent to furnish the relevant documents to the 1st respondent to conduct survey of the subject property within a period of four weeks from the date of receipt of certified copy of this order and upon receipt of the said documents, the 1st respondent to conduct survey and submit a sketch with the 3rd respondent within two months thereafter.”
No.1 through Additional Government Advocate Mr. Mohammad Jaffar Shah has filed the compliance affidavit dated 03.08.2024.
Copy of the affidavit is served on learned advocate Mr. Syed Akbar Pasha for the complainant.
the office of the Assistant Director of Land Records, Anekal Taluka, Bengaluru Urban District from Surajakkanahalli Grama Panchayat by way of online application on 27.09.2021 and 28.09.2021. Thereafter, the file was submitted to the surveyor to measure Sy. Nos.58 and 59 of Sidihosakote Village. The surveyor sent notice to concerned applicant and to the Panchayat Development Officer of Surajakkanahalli Grama Panchayat.
3.1 It was stated that survey was conducted on 28.08.2023. It was next stated that during the time of survey, applicant/complainant and neighbours were present and even the Panchayat Development Officer also attended the survey. After the survey, statement has been recorded and the applicant/complainant and villagers had signed the statement.
NC: 2024:KHC:32646-DB CCC No. 633 of 2023
Sd/(N. V. ANJARIA) CHIEF JUSTICE
Sd/(K V ARAVIND) JUDGE
KPS
List No.: 1 Sl No.: 70
1 issue framed by the court
Whether the directions issued in W.P.No.10832/2022 dated 11.08.2022 for conducting survey of the subject property were complied with.
2 provisions across 2 enactments
Nagaraju
Revathi Kample
Anand
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
