Shivaganga Besthara Meenugarara Sahakara Sangha Niyamitha v. the State of Karnataka

Karnataka HC23 Aug 2024CCC/711/2023

Case brief

AI extract

What is this about?

Contempt petition filed for alleged non-compliance of oral order directing enquiry into jurisdiction of Bhargavathi lake. Court found that compliance affidavit established district panchayat intervention, causing nothing to survive in proceedings; disposed as not surviving.

What did the court decide?

Contempt proceedings disposed of as not surviving due to compliance with the impugned order via subsequent notification.

Shivaganga Besthara Meenugarara Sahakara… — Public Procurement and Tenders | Karnataka HC (2024)

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NC: 2024:KHC:33996-DB CCC No. 711 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF AUGUST, 2024

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PRESENT

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THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE K.V. ARAVIND CCC NO. 711 OF 2023 (CIVIL)

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BETWEEN:

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SHIVAGANGA BESTHARA MEENUGARARA

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SAHAKARA SANGHA NIYAMITHA REPRESENTED BY ITS PRESIDENT RAVI KUMAR S/O MARIYAPPA AGED ABOUT 39 YEARS

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OFFICE AT PARANGICHIKKANA PALYA MAGADI TALUK

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RAMANAGARA DISTRICT-562120

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…COMPLAINANT

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Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka

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(BY SRI GOPALA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY ANIMAL HUSBANDRY AND FISHERIES VIKAS SOUDHA DR. B R AMBEDKAR VEEDHI BENGALURU-560001

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.....PROFORMA RESPONDENT

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NC: 2024:KHC:33996-DB CCC No. 711 of 2023

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DR. AVINASH MENON RAJENDRAN THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA-562120

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…ACCUSED

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(BY SRI MOHAMMAD JAFFAR SHAH, AGA FOR R-1)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA PRAYING TO SUMMON THE ACCUSED AND PROCEED AGAINST HIM FOR WILLFUL AND DELIBERATE BREACH, DISOBEDIENCE, NEGLIGENCE AND NON-COMPLIANCE OF THE DIRECTION TILL TODAY ISSUED BY THIS COURT IN W.P.NO.14274/2021 (LB-RES) C/W W.P. NO.14422/2021 (LB-RES) AND W.P.NO.9855/2022 (LB-RES) VIDE ORDER DATED 23.09.2022 AT ANNEXURE-A, WITHOUT CONSIDERING THE REPRESENTATION OF THE COMPLAINANT AT ANNEXURE-B DATED 03.11.2022, ANNEXURE-C DATED 10.03.2023 AND ANNEXURE-C1 DATED 12.06.2023.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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3 - NC: 2024:KHC:33996-DB CCC No. 711 of 2023

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA

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and

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HON'BLE MR JUSTICE K V ARAVIND

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ORAL ORDER

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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Following directions were issued by learned Single Judge

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while disposing of the writ petition,

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“The Deputy Commissioner, Ramanagar District, is directed to conduct an enquiry as specified under Section 4 of the Karnataka Gram Swaraj and Panchat Raj Act, 1993 to determine whether Bhargavathi lake falls within the Nethenahalli Gram Panchayat or Madbala Gram Panchayat after issuing notice to the respective Gram Panchayats. The said exercise shall be completed within a period of eight weeks from the date of receipt of certified copy of this order.

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Till the issue involved in these writ petitions is adjudicated by the Deputy Commissioner concerned, the impugned resolutions challenged in these writ petitions are kept in abeyance.”

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As the non-compliance of the aforesaid directions are

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alleged in this contempt petition, notice was issued in the proceedings to which compliance affidavit is filed by the Deputy Commissioner, Ramanagara District, Ramanagara. It was stated in compliance affidavit that since the Bhargavathi lake falls between Nethenahalli Gram Panchayat and Madbala Gram

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4 - NC: 2024:KHC:33996-DB CCC No. 711 of 2023

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Panchayat, the District Panchayat issued a fresh notification providing that the lake shall be treated within the jurisdiction of the District Panchayat.

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In the above regard, following is averred in the compliance affidavit,

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“...there is a dispute with regard to jurisdiction of respective Grama Panchayath to grant Lease hold right of fishing activities in Bhargavathi lake. As per para 5 of the Govt. Order No.RDPR 29 RRC 2021, dated 26.04.2021 clearly indicates when the lakes are coming under one or more Grama Panchayat such lakes has to come under the control and supervision of Zilla Panchayats for the development works. The same is herewith produced...”

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Notification referred to above is produced on record.

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In view of the above, nothing survives in the present contempt proceedings. The same is disposed of as not surviving.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(K V ARAVIND) JUDGE

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KPS

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List No.: 1 Sl No.: 7

Shivaganga Besthara Meenugarara Sahakara Sangha Niyamitha v. the State of Karnataka

Case brief

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What did the court decide?

Shivaganga Besthara Meenugarara Sahakara Sangha Niyamitha v. the State of Karnataka

Case brief

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What did the court decide?

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