Civil contempt petition alleging non-compliance with an order directing revenue authorities to consider a phodi and durasti request. Government Advocate filed a memo noting fresh survey number allotment; the Division Bench directed a detailed compliance report and dropped the contempt proceedings.
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NC: 2024:KHC:43562-DB CCC No. 829 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K CIVIL CONTEMPT PETITION NO. 829 OF 2022
BETWEEN:
SRI T UMA SHANKAR S/O LATE H THIPPA REDDY AGED ABOUT 47 YEARS R/AT NO.22, ‘SATHYA SAI NILAYA’ CHINNAPPANAHALLI MARATHHALLI POST BENGALURU - 560 037.
…COMPLAINANT
(BY SRI. C SHANKAR REDDY - ADVOCATE)
AND:
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
AND DESIGNATED DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVANA, K G ROAD BANGALORE - 560001.
…ACCUSED
(BY SRI. DEVARAJ C H - GOVERNMENT ADVOCATE)
THIS CCC IS FILED UNDER ARTICLE 215 OF CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE ACTION UNDER THE CONTEMPT OF COURTS ACT AGAINST THE ACCUSED ABOVE NAMED FOR WILFUL DISOBEDIENCE OF THE ORDERS AND DIRECTIONS DATED 18.04.2022 MADE IN W.P. NO.7752/2022 CONNECTED WITH W.P.NO.23829/2021 ON THE FILE OF THE HON'BLE SINGLE JUDGE OF THE HIGH COURT OF KARNATAKA AT BENGALURU VIDE ANNEXURE-E TO THIS COMPLAINT AND SECURE THE PRESENCE OF THE ACCUSED PERSONS 2 TO 4 BEFORE THIS HON’BLE COURT AND TAKE SUITABLE ACTION AGAINST ACCUSED NOS.2 TO 4.
THIS CCC, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND
HON'BLE MR JUSTICE RAJESH RAI K
ORAL ORDER
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This contempt proceeding has been initiated by the complainant for non-compliance of the order passed by a learned Single Judge of this Court in W.P.No.7752/2022 (KLR-RR-SUR) C/w. W.P.No.23829/2021 (KLR-RES) dated 18.04.2022 vide Annexure-“E”.
counsel for both parties that the order passed by the learned Single Judge has attained finality. In the meanwhile, learned Government Advocate Shri Devaraj
C.H. for Accused Nos.1 to 4 submits that the petitioners
had initiated the said writ proceedings and taken a contention that they were the owners of certain lands in Sy.No.20 Chinnappanahalli village, Bengaluru East Taluk and that they had submitted a request to the authorities to conduct phodi and durasti in respect of the said lands. As regards the survey number, learned Government Advocate submits that fresh survey number has been allotted to the said land as Sy.No.46/5. To this effect, learned Government Advocate has also filed a memo. The said memo is taken on record.
submit a report in detail as regards the compliance of the direction issued by the learned Single Judge to conduct phodi and durasti work in respect of the said lands. A copy of the same shall be furnished to the learned counsel for the complainant. In the meanwhile, it is clarified that if the complainant is aggrieved, he is at liberty to file appropriate proceedings, in accordance with law.
proceeding, the application I.A.No.2/2022 as well stands
disposed of.
Sd/(K.SOMASHEKAR)
JUDGE
Sd/(RAJESH RAI K) JUDGE
KS
1 issue framed by the court
Whether the accused wilfully disobeyed the Single Judge's order dated 18.04.2022 directing authorities to consider the petitioners' case regarding phodi and durasti of lands in Sy.No.20, Chinnappanaha
2 provisions across 2 enactments
Sri T Uma Shankar
State of Karnataka Revenue Department rep. by Chief Secretary
Sri K Srinivas, Deputy Commissioner, Bengaluru Urban District
Sri Jayaprakash K, Technical Assistant to the Deputy Commissioner
Dr Shivanna M G, Assistant Commissioner, Bengaluru North Sub Division
K. Somashekar
Rajesh Rai K
As recorded by the court registry
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