Dismissed¶40

Shri Shripal S/O Ramchandra Angadi v. Smt. Gangubai Mankar

Karnataka HC15 Apr 2025CCC/100103/2025

Case brief

AI extract

What is this about?

Civil contempt – disobedience of writ order dated 22.08.2024 in WP No.100464/2024 (certiorari quashing Deputy Commissioner's order dated 7.12.2023 in PTCL No.3/2023 under S.5A(1-A) Karnataka SC/ST (PTCL) Act 1978) – no specific direction to enter purchaser's name in revenue records – contempt jurisdiction not maintainable – complainant to initiate appropriate proceedings – petition rejected – Contempt of Courts Act 1971 Ss.11, 12 r/w Article 215 – High Court of Karnataka, Dharwad Bench, 15.04.2025 – S G Pandit and C.M. Poonacha JJ.

What did the court decide?

When there is no specific direction in the order under complaint to enter the name of the complainant, the complainant cannot invoke contempt jurisdiction. ¶40

Shri Shripal S/O Ramchandra Angadi Vs Smt. Gangubai Mankar — Contempt of Court | Karnataka HC (2025)

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NC: 2025:KHC-D:6404-DB CCC No. 100103 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15^TH DAY OF APRIL, 2025 PRESENT

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THE HON'BLE MR. JUSTICE S G PANDIT

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AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA

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CIVIL CONTEMPT PETITION NO.100103 OF 2025

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BETWEEN:

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SHRI SHRIPAL S/O RAMCHANDRA ANGADI AGE. 62 YEARS, OCC. AGRICULTURE,

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DHARENEDRA RAMCHANDRA ANGADI AGE. 45 YEARS, OCC. AGRICULTURE,

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MAHAVEER RAMACHANDRA ANGADI AGE. 42 YEARS, OCC. AGRICULTURE, ALL ARE R/O HUNGUND, TQ. MUNDGOD, DIST. UTTARA KANNADA 581320.

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…COMPLAINANTS

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(BY SRI. VENKATESH M. KHARVI, ADVOCATE)

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AND:

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SMT. GANGUBAI MANKAR AGE. 46 YEARS. OCC. DC., THE DEPUTY COMMISSIONER UTTAR KANNADA, DIST. UTTARA KANNADA 581320.

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MOHANKUMAR B SHELAR

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Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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SMT. APARNA RAMESH SIRSI AGE. 32 YEARS, ASSISTANCE COMMISSIONER, TQ. SIRSI, DIST. UTTARA KANNADA 581320.

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SHRI SHANKAR GOUDI GANGUBAI MANKAR AGE. 38 YEARS, THE TAHASILADAR, MUNDAGOD TALUK, TQ. MUNDAGOD, DIST. UTTARA KANNADA 581320.

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SHRI SHIVAPPA ROPALAPPA LAMANI AGE. 42 YEARS. OCC. COOLI, R/O. ANGADI, TQ. MUNDAGOD, DIST. UTTARA KANNADA 581320. …ACCUSED

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STATE OF KARNATAKA R/BY ADDL. CHIEF SECRETARY

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NC: 2025:KHC-D:6404-DB CCC No. 100103 of 2025

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REVENUE DEPARTMENT,

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M.S. BUILDING, BANGALORE-01.

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…PROFORMA RESPONDENT

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(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR R5)

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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 CONSTITUTION OF INDIA,1950, PRAYING TO, PUNISH TO ACCUSED NO.1 TO 4 IN CONTEMPT PROCEEDING FOR HAVING COMMITTED CIVIL CONTEMPT OF THE IMPUGNED ORDER IN W.P. NO.100464/2024 DATED 22.08.2024 PASSED BY THIS HON’BLE HIGH COURT VIDE ANNEXURE-A & ETC.

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THIS CONTEMPT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

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This contempt petition is filed complaining disobedience of order dated 22.08.2024 passed in WP No.100464/2024, wherein this Court issued a writ of certiorari quashing the order dated 7.12.2023 passed in PTCL No.3/2023.

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Under order dated 7.12.2023 in PTCL No.3/2023,

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the Deputy Commissioner allowed the appeal filed under Section 5A(1-A) of the Karnataka Scheduled Castes and Scheduled Tribes (PTCL) Act 1978 by setting aside the order of Assistant Commissioner.

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NC: 2025:KHC-D:6404-DB CCC No. 100103 of 2025

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It is the grievance of the complainant that even after allowing the writ petition and setting aside the order of Deputy Commissioner, the complainant’s/purchaser’s name is not being entered in the revenue records. There is no further direction in the order of the learned Single Judge, but the consequences by virtue of learned Single Judge’s shall have to follow in accordance with law. It is for the complainant to get his name entered in the revenue records in accordance with law by initiating appropriate proceedings.

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When there is no specific direction to enter the name of the complainant, the complainant cannot invoke contempt jurisdiction. The complainant shall have to initiate other appropriate proceedings. Accordingly, contempt petition is rejected .

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Pending applications, if any, are disposed of as not surviving for consideration.

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Sd/-

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(S G PANDIT) JUDGE

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Sd/(C.M. POONACHA) JUDGE

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JTR, CT:VP

Shri Shripal S/O Ramchandra Angadi v. Smt. Gangubai Mankar

Case brief

What is this about?

What did the court decide?

Shri Shripal S/O Ramchandra Angadi v. Smt. Gangubai Mankar

Case brief

What is this about?

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What the court decided

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