Civil contempt complaint alleging non-compliance with a 2012 writ order directing the Deputy Commissioner to collect grant price at 300 times land revenue and issue a Grant Certificate. Respondents committed to comply; court warned of arrest for non-compliance and disposed of proceedings with liberty to revive.
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NC: 2024:KHC:44576-DB CCC No. 743 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2024 PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE C M JOSHI CIVIL CONTEMPT PETITION NO. 743 OF 2013 BETWEEN:
SMT. SARASWATHI V, W/O VISWANATH SHETTY, AGED ABOUT 70 YEARS, R/O SADHANA HOUSE, KODIYAL POST VIA BELLARE TALUK SULLIA, DISTRICT D.K. - 574 212.
…COMPLAINANT
(BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE)
AND:
Digitally signed by NANDINI R Location: High Court of Karnataka
THIS CCC IS FILED UNDER SECTION 11 & 12 OF CONTEMPT OF COURT ACT PRAYING TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST THE RESPONDENTS 1 & 2 IN RESPECT OF THE CONTEMPT OF ORDER DATED 23.7.2012 IN W.P.NO.23692 OF 2012 TO PUNISH THE RESPONDENTS 1 &
2 AND FURTHER DIRECT THE ACCUSED NO.1 AND 2 TO COLLECT THE MARKET VALUE AT 300 TIMES OF LAND REVENUE AND ISSUE GRANT CERTIFICATE IN FAVOUR OF THE COMPLAINANT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and
HON'BLE MR JUSTICE C M JOSHI ORAL ORDER
(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)
This complaint alleges violation of the writ issued by a learned Single Judge of this Court vide order dated 23.07.2012 in petitioner's W.P.No.23692/2012 (LR). The operative portion of the order at paragraph No.13 reads as under:
"13. In the result and for the foregoing, this writ petition is allowed. The impugned communication is set aside. The Deputy Commissioner is directed to collect the price at the rate of 300 times the land revenue payable per acre that was prevailing as on the date of grant and issue Grant Certificate in favour of the petitioner within a period of three months from the date of receipt of a copy of this order."
entered appearance through the learned AGA submit that, if
the petitioner makes payment in terms of the above order on 15.11.2024 as notified to him, the Grant Certificate shall be issued within four weeks. Even otherwise the order is as clear
as gangetic waters and admits no interpretation and therefore, has to be complied with scrupulously.
Contempt proceedings are accordingly disposed off with
liberty to seek their revival, if compliance is not done.
Now, no costs.
Sd/(KRISHNA S DIXIT) JUDGE
Sd/(C M JOSHI) JUDGE
GPG
1 issue framed by the court
Whether the Deputy Commissioner complied with the writ order of 23.07.2012 directing collection of price at 300 times land revenue and issuance of a Grant Certificate?
1 provisions across 1 enactments
SMT. SARASWATHI V
SRI. PRAKASH, DEPUTY COMMISSIONER, D.K.
SMT. LATHA KRISHNA RAO G, PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE
KRISHNA S DIXIT
C M JOSHI
As recorded by the court registry
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