Sri Raghupathi Vs Dr Selvamani R — Contempt of Court | Karnataka HC (2025)

Sri Raghupathi Vs Dr Selvamani R — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

The civil contempt proceedings are dropped without imposition of any punishment, in view of the compliance shown (Deputy Commissioner's order dated 13-11-2024 rejecting the contesting respondents' applications; notice under Section 192-A of the Karnataka Land Revenue Act being issued for eviction, to be completed within an outer limit of two months); liberty granted to the complainant to approach the Court if need arises.

Issue for consideration

Whether accused Nos. 1 to 3 committed an act of civil contempt by wilfully, intentionally, purposefully and deliberately disobeying the order dated 10-2-2022 in Writ Petition No.23146 of 2021 (KLR-RES-PIL), so as to be punishable under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India.

Court's answer

The compliance Affidavit of Sri Chandrashekara, Tahasildar, Shivamogga District, filed through the Additional Government Advocate, is taken on record.

Ratio / Principle

In view of the compliance recorded in the affidavit (including the undertaking that eviction will be completed within two months) and on the submission of learned counsel for the complainant, the contempt proceedings are dropped.

Key takeaways

Liberty is granted to the complainant to approach the Court if need arises.ratio¶42

Detailed headnote1 paragraphs

Civil contempt (CCC No. 1004 of 2022) under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution, alleging wilful disobedience by the Deputy Commissioner, Shivamogga (A-1), the Assistant Commissioner, Sagar (A-2) and the Tahasildar, Sagar (A-3) of the order dated 10-2-2022 in Writ Petition No.23146 of 2021 (KLR-RES-PIL), which had directed enquiry into an alleged encroachment over the land in question and its removal in accordance with law within eight weeks. The compliance Affidavit of Sri Chandrashekara, Tahasildar, Shivamogga recorded that the Deputy Commissioner had, by order dated 13-11-2024, rejected all the applications of the contesting respondents in that writ petition (communicated on 13-1-2025 in No.LND 109/2022RD/00/50000), that notice under Section 192-A of the Karnataka Land Revenue Act was being issued for their eviction, and that the eviction would be completed in accordance with law within an outer limit of two months. On the complainant's counsel submitting that, in view of this undertaking, the contempt proceedings may be dropped with liberty, the Bench (K. Somashekar and Venkatesh Naik T, JJ.) took the affidavit on record, dropped the contempt proceedings and granted liberty to the complainant to approach the Court if need arises.

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NC: 2025:KHC:2135-DB CCC No. 1004 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF JANUARY, 2025

PRESENT

THE HON'BLE MR JUSTICE K.SOMASHEKAR AND

THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.1004 OF 2022

BETWEEN:

SRI RAGHUPATHI S/O. DEVENDRA AGED ABOUT 20 YEARS RESIDENT OF ATHVADI VILLAGE HONNESARA POST, SAGARA TALUK SHIVAMOGGA DISTRICT-577 401.

…COMPLAINANT

(BY SRI RAMAKRISHNA HEGDE, ADVOCATE)

AND:

Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA

DR. SELVAMANI R. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577 201.

PALLAVI SATENAHALLI THE ASSISTANT COMMISSIONER SAGAR TALUK, SAGAR SHIVAMOGGA DISTRICT-577 401.

MALLESH B. POOJAR THE TAHASILDAR SAGAR TALUK, SAGAR, SHIVAMOGGA DISTRICT-577 401.

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NC: 2025:KHC:2135-DB CCC No. 1004 of 2022

STATE OF KARNATAKA REPRESENTED BY THE COMMISSIONER FOR HINDU RELIGIOUS INSTITUTION CHARITABLE ENDOWMENT DEPARTMENT CHAMARAJPET BENGALURU-560 019.

…ACCUSED

(BY SMT. NAMITHA MAHESH, B.G., A.G.A., FOR A-1 TO A-4)

THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO PUNISH ACCUSED NOS.1, 2 AND 3 IN THE ABOVE CASE FOR HAVING COMMITTED AN ACT OF CONTEMPT WILLFULLY, INTENTIONALLY, PURPOSEFULLY AND DELIBERATELY BY DISOBEYING THE ORDER DATED 10-2-2022 IN WRIT PETITION NO.23146 OF 2021 (KLR-RES-PIL).

THIS CIVIL CONTEMPT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T

ORAL ORDER

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

This contempt proceedings has been initiated against accused Nos.1 to 3 for disobeying the order dated 10-2-2022 passed in Writ Petition No.23146 of 2021 (KLR-RES-PIL) in the nature of Public Interest Litigation, wherein this Court directed respondent No.2-Deputy Commissioner that if any representation is made by the petitioner/complainant, he shall

3 - NC: 2025:KHC:2135-DB CCC No. 1004 of 2022

enquiry into the matter with regard to the alleged encroachment over the land in question and in case, any encroachment is found, then they shall take appropriate steps to remove the said encroachment in accordance with law, within a period of eight weeks from the date of receipt of a copy of that order.

Smt. Namitha Mahesh B.G., learned Additional Government Advocate appearing for accused Nos.1 to 4, submits that she has filed the compliance Affidavit of Sri Chandrashekara, Tahasildar, Shivamogga District.

In the Affidavit, the Tahasildar has stated that the applications have been heard by the Deputy Commissioner by order dated 13-11-2024 and by the said order, the Deputy Commissioner has rejected all the applications filed by the contesting respondents in Writ Petition No.23146 of 2021. He has stated that the said order of the Deputy Commissioner dated 13-11-2024 is communicated to their Office vide communication dated 13-1-2025 in No.LND 109/2022RD/00/50000. In pursuance of the said order of the Deputy Commissioner, steps are being taken to issue notice

4 - NC: 2025:KHC:2135-DB CCC No. 1004 of 2022

under Section 192-A of the Karnataka Land Revenue Act for eviction of the contesting respondents in Writ Petition No.23146 of 2021. He further stated that the entire process subsequent to issuance of the notice as aforesaid will consume some time and the said process of eviction will be completed in accordance with law within an outer limit of two months.

Compliance Affidavit is taken on record.

At this stage, Sri Ramakrishna Hegde, learned counsel for the complainant, submits that in view of the undertaking given by the accused in the compliance Affidavit that the said process of eviction will be carried out within a period of two months, this contempt proceedings may be dropped, with liberty to approach this Court, if need arises.

Submission of the learned counsel for the complainant is taken on record.

Accordingly, the contempt proceedings are hereby

dropped .

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NC: 2025:KHC:2135-DB CCC No. 1004 of 2022

Liberty, as sought for, is granted.

Sd/-

(K.SOMASHEKAR) JUDGE

Sd/(VENKATESH NAIK T) JUDGE

KVK List No.: 2 Sl No.: 3