Contempt petition alleging non-compliance with a 2022 writ order directing the Tahsildar to place a Form No.53 land regularisation application before the Regularisation Committee. Compliance affidavit showed the application was considered and rejected under Rule 97; contempt disposed of.
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:37128-DB CCC No. 783 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K V ARAVIND
CCC NO. 783 OF 2024 (CIVIL)
BETWEEN :
AGE: 74 YEARS OCC: AGRICULTURE R/O MURUKANAHALI VILLAGE KRISHNARAJPET TALUK – 571 426 MANDYA DISTRICT
…COMPLAINANT
(BY SMT. KAMADOLLI MANJULADEVI RAMAPPA, ADVOCATE)
Digitally signed by AMBIKA H B Location: High Court of Karnataka
AND :
…PRO FORMA RESPONDENT
…ACCUSED
(BY SMT. PRAMODHINI KISHAN, AGA)
NC: 2024:KHC:37128-DB CCC No. 783 of 2024
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE NOTICE TO THE ACCUSED PERSON AND HOLD AN ENQUIRY AND PUNISH HIM FOR VIOLATING THE ORDERS OF THIS HON’BLE COURT PASSED IN WRIT PETITION NO.263/2022 (KLR-REG) DATED 16.02.2022.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 Smt. Kamadolli Manjuladevi
Ramappa for the complainant, who appeared online and raised her submissions on behalf of the complainant, as also learned Additional Government Advocate Smt. Pramodhini Kishan for the respondent-State.
“3. Consequently, the writ petition stands disposed of with a specific direction to
respondent No.4-Tahsildar, K.R.Pet Taluk to place the application in Form No.53 filed by the petitioner before the ‘Committee for Regularization of Unauthorized Occupation’ along with the mahazar drawn by respondent No.1-Revenue Inspector At Annexures-M1, N, N1, N2, N3, etc. The Committee shall consider the application and pass necessary orders as expeditiously as possible and at any rate within a period of two months from the date of receipt of a certified copy of this order.
Till then, the petitioner shall not be dispossessed from the land in question.
Ordered accordingly.”
Regularisation of Unauthorised Occupation was not constituted for a long time and was not functional. However, it was stated that the Committee has now been constituted and is functional.
5.1 An endorsement was issued to the complainant-applicant on 04.09.2024 intimating the said rejection. It is stated in the compliance affidavit that the proceedings of the Committee were held on 03.09.2024. The Committee in its proceedings recorded that the land reserved for the cattle as per Rule 97 of the aforesaid Rules is insufficient in the village concerned. The land is mandatorily reserved for the cattle as per the Rules. The application of the complainant could be placed before the
Committee when the sitting of the Committee took place, it was stated.
NC: 2024:KHC:37128-DB CCC No. 783 of 2024
If any grievance subsists for the complainant in respect of the
endorsement issued, it is always open to the petitioner to institute appropriate challenge independently to the said endorsement, in
respect of which this Court does not express any opinion on merits.
Sd/(N. V. ANJARIA) CHIEF JUSTICE
Sd/(K V ARAVIND) JUDGE
AHB List No.: 1 Sl No.: 2
1 issue framed by the court
Whether the Tahsildar complied with the Single Judge's direction to place the Form No.53 regularisation application before the Committee for Regularisation of Unauthorised Occupation.
2 provisions across 2 enactments
Sri Giriyayya S/o Late Motayya
State of Karnataka rep. by the Principal Secretary, Revenue Department
Sri Nisarga Priya, Tahasildar cum Secretary of Land Regularisation Committee, K.R. Pete
N. V. Anjaria
K V Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
