Mr K S Ameer Jan v. Sri Prabhulinga Kavalikatti

Karnataka HC8 Jan 2025CCC/1211/2023

Case brief

AI extract

What is this about?

CCC No. 1211 of 2023, High Court of Karnataka (DB, K. Somashekar & Venkatesh Naik T, JJ.), 08-01-2025 — civil contempt dropped for compliance. Keywords: contempt of court; Sections 11 and 12 Contempt of Courts Act; willful disobedience; W.P.No.4053/2023 order dated 28.03.2023; representation dated 14.09.2021; compliance affidavit dated 22.10.2024; mahazar; public notice 'Udaya Vani' and 'Reshme Seeme'; sale deed dated 07.05.2007; endorsement dated 12.06.2024; City Municipal Council Channapatna; Ramanagara; Secretary Municipal Administration; Deputy Commissioner Ramanagara; contempt does not survive; petition dropped.

What did the court decide?

No relief; the contempt petition is dropped, as the order of the learned Single Judge stands complied with. ¶¶41

Mr K S Ameer Jan Vs Sri Prabhulinga Kavalikatti — Contempt of Court | Karnataka HC (2025)

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1 - NC: 2025:KHC:442-DB CCC No. 1211 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JANUARY, 2025

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 1211 OF 2023

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BETWEEN:

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MR. K S AMEER JAN AGED ABOUT 67 YEARS S/O LATE ABDUL KAREEM RESIDENT OF NO.57/5B NEW NO.31, OLD GURAPPANPLAYA NEAR ASHWATHKATTE ROAD BANGALORE 560029.

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…COMPLAINANT

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(BY SRI. MANJUNATHA H R - ADVOCATE)

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Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka

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AND:

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SRI PRABHULINGA KAVALIKATTI HON’BLE SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION AMBEDKAR VEEDHI, VIDHANA SOUDHA BENGALURU 560001.

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DR AVINASH MENON RAJENDRAN THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA 562159.

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SRI C PUTTASWAMY COMMISSIONER CITY MUNICIPAL COUNCIL CHANNAPATNA TALUK

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RAMANAGARA DISTRICT 562160.

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NC: 2025:KHC:442-DB CCC No. 1211 of 2023

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THE STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION, AMBEDKAR VEEDHI VIDHANA SOUDHA, BENGALURU 560001.

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…ACCUSED (BY SMT. NAMITHA MAHESH B G – AGA FOR ACCUSED NO.4; SRI. A V GANGHADHARAPPA – ADVOCATE FOR ACCUSED NO.3; ACCUSED NOS.1 & 2 ARE SERVED AND UNREPRESENTED)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE PROSECUTION AGAINST THE ACCUSED PERSONS FOR WILLFUL DISOBEDIENCE OF THE DIRECTIONS OF THIS HON’BLE COURT VIDE ORDERS DATED 28.03.2023 PASSED BY THIS HON’BLE COURT IN W.P.NO.4053/2023 VIDE ANNEXURE-A AND SENTENCE HIM FOR OFFENCE OF CONTEMPT OF COURT.

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THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND

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HON'BLE MR JUSTICE VENKATESH NAIK T

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ORAL ORDER

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

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This Contempt petition is initiated by the complainant

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against the respondents / Authority in view of willful disobedience of the directions in the order dated

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3 - NC: 2025:KHC:442-DB CCC No. 1211 of 2023

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28.03.2023 passed by a learned Single Judge of this Court in W.P.No.4053/2023 vide Annexure-“A”.

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By the said order, the learned Single Judge had allowed the said writ petition and had directed Respondent Nos.1 to 3 therein to consider the representation dated 14.09.2021 vide Annexure-“P” and pass necessary orders within 30 days from the date of receipt of a certified copy of the said order.

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Learned AGA for Accused No.4 is present before Court physically. Learned counsel Shri Manjunatha H.R. for complainant who is present before Court physically, seeks for a short accommodation to reply to the Compliance affidavit dated 22.10.2024 filed by Accused No.3. However, learned counsel Shri A.V. Gangadharappa for Accused No.3 is present before Court and presses into service consideration of the said compliance affidavit filed by Accused No.3 / Commissioner, City Municipal Council, Channapatna Taluk.

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4 - NC: 2025:KHC:442-DB CCC No. 1211 of 2023

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This compliance affidavit consists of paragraph 1 to paragraph 8. Paragraph 6 of the affidavit reveals that in pursuance of the directions issued by the learned Single Judge in W.P.No.4053/2023, the third respondent had conducted mahazar and issued public notices to the complainant in local newspapers ‘Udaya Vani’ and also ‘Reshme Seeme’. However, the complainant had not come forward to establish his claim over the suit schedule property as per the sale deed dated 07.05.2007. Therefore, the third respondent had proceeded to issue an endorsement dated 12.06.2024 rejecting the claim of the complainant, by considering the representation of the complainant dated 14.09.2021. The endorsement dated 12.06.2024 has also been furnished to the complainant. A copy of the English version is produced as Document No.1. Hence, it is submitted that Accused No.3 has fully complied with the directions issued in the writ petition.

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