Disposed

Ravikumar H v. Sri Amruth Athresh

Karnataka HC19 Sept 2024CCC/714/2024

Case brief

AI extract

What is this about?

Contempt petition alleging non-compliance with a writ order directing consideration of an application to regularise unauthorised occupation of land. Respondents filed compliance affidavit showing the application was assessed and found ineligible; the court found the directions substantially complied with and disposed of the petition.

What did the court decide?

Petition disposed; petitioner left free to challenge order dated 19.08.2024 and endorsement dated 26.08.2024.

Ravikumar H Vs Sri Amruth Athresh — Contempt of Court | Karnataka HC (2024)

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NC: 2024:KHC:38601-DB CCC No. 714 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF SEPTEMBER, 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

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CCC No. 714 OF 2024 (CIVIL)

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BETWEEN:

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RAVIKUMAR H., S/O HANUMAIAH, AGED ABOUT 41 YEARS, R/O KENGALKEMPOHALLI, BILLANAKOTE, BANGALORE RURAL DISTRICT, BANGALORE - 562 111.

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…COMPLAINANT

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(BY SRI YOGESH V. KOTEMATH, ADVOCATE FOR SRI VIRUPAKSHAIAH P. H., ADVOCATE)

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AND:

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Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka

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SRI AMRUTH ATHRESH, THE TAHSILDHAR, NELAMANGALA TALUK, NELAMANGALA - 562 123.

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SRI AMRUTH ATHRESH, CHAIRMAN, THE LAND GRANT COMMITTEE FOR GRANT OF LANDS TO UNAUTHORIZED OCCUPANTS OF GOVERNMENT LANDS, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 123.

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STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY,

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NC: 2024:KHC:38601-DB CCC No. 714 of 2024

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REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001.

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…ACCUSED

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(BY SMT. PRAMODHINI KISHAN, AGA)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT PRAYING TO TAKE NECESSARY ACTION AGAINST THE ACCUSED IN ACCORDANCE WITH LAW, SINCE THEY HAVE FAILED TO OBEY AND IMPLEMENT THE ORDER DATED 26.09.2023 IN W.P.No.19925/2023 (KLR-RES) VIDE ANNEXURE-A PASSED BY THIS HON’BLE COURT FOR CONTEMPT OF COURT.

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

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

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE K.V. ARAVIND)

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The present contempt petition complaining willful

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disobedience of the order in W.P. No.19925 of 2023 dated 26.09.2023 wherein, the respondent-authorities were directed to consider the application filed by the complainant for regularization of unauthorised occupation of land bearing Survey No.26 measuring 30 Guntas situated at Kengal Kempohalli Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District.

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3 - NC: 2024:KHC:38601-DB CCC No. 714 of 2024

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Smt. Pramodhini Kishan, learned Additional Government Advocate appearing for respondents has filed a compliance affidavit dated 27.08.2024 affirmed by Tahsildar, Nelamangala Taluk, Bengaluru Rural District. Learned Additional Government Advocate submits that the application of the complainant is considered in terms of Karnataka Land Revenue Act, 1964 and Karnataka Land Revenue Rules, 1966. It is submitted that the application of the complainant is found to be ineligible for regularization. It is stated in the affidavit that availability of Gomal land in the village is insufficient and the application is considered ineligible under Rule 108-CCC(3) of Karnataka Land Revenue Rules, 1966. It is further stated that as per the Rules, only if the applicant is eligible, the same will be placed before the Regularisation Committee. The application having found to be ineligible, the same is to be considered by the Deputy Commissioner and need not be placed before the Committee. To the extent in holding the application as ineligible, the Deputy Commissioner has passed order of 19.08.2024.

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The Court on perusal of the directions issued in the order brought under contempt and the order of the Deputy

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4 - NC: 2024:KHC:38601-DB CCC No. 714 of 2024

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Commissioner, noticeably the directions in the order brought under contempt are substantially complied.

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In the light of the affidavit of respondents and the orders referred to therein, nothing survives in this contempt petition to be considered further.

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Accordingly, the contempt petition is disposed of, with the observation that the petitioner is at liberty to challenge the order dated 19.08.2024 issued by Deputy Commissioner and endorsement dated 26.08.2024 issued by Tahsildar, Nelamangala Taluk, on its own merits.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(K. V. ARAVIND) JUDGE

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VBS List No.: 1 Sl No.: 28

Ravikumar H v. Sri Amruth Athresh

Case brief

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Ravikumar H v. Sri Amruth Athresh

Case brief

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