Sri.K.B. Chandra Shetty Vs State of Karnataka — Contempt of Court | Karnataka HC (2025)

Sri.K.B. Chandra Shetty Vs State of Karnataka — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Contempt petition disposed of with the observation that the process of consultation and grant of alternative land shall be taken to its logical end in accordance with law within eight weeks; no punishment imposed on the accused.

Issue for consideration

Whether the accused, the Deputy Commissioner, Chikkamagaluru District, disobeyed the order dated 16.03.2022 passed by this Court in Writ Petition No. 30098/2014 so as to be guilty of contempt punishable under Section 12 of the Contempt of Courts Act, 1971.

Court's answer

In view of the developments taking place at the end of the governmental authorities (including the stated reconsideration of the issue by the authorities with a meeting in the complainant's presence), the Court disposed of the contempt petition rather than proceeding to punish the accused.

Ratio / Principle

The process of consultation and grant of the alternative land, as may be, shall be taken to its logical end in accordance with law within eight weeks from the date of the judgment.

Detailed headnote1 paragraphs

Civil Contempt Petition (CCC No. 127 of 2024) under Sections 11 and 12 of the Contempt of Courts Act, 1971 and Article 215 of the Constitution of India, 1950, filed by Sri. K.B. Chandra Shetty (by Sr. Adv. P.P. Hegde for Adv. Venkatesh Somareddi) against Mrs. Meena Nagaraju C N, Deputy Commissioner, Chikkamagaluru (accused; by Smt. Pramodhini Kishan, AGA), with the State of Karnataka as proforma respondent, alleging disobedience of the order dated 16.03.2022 passed by a learned Single Judge in Writ Petition No. 30098/2014, whereby the Deputy Commissioner was directed to consider the petitioner's representation after necessary inspection and decide his request for allotment of site. The record showed that on 15.05.2023 the Additional Deputy Commissioner had communicated to the Deputy Conservator of Forests that the land was found to be falling under forest area. At the preliminary hearing, the learned AGA stated that the issue would be reconsidered by the authorities including the Deputy Commissioner and forest officials, with a meeting in the complainant's presence. The Division Bench (Chief Justice N. V. Anjaria, author, and Justice M. I. Arun) disposed of the contempt petition, observing that the process of consultation and grant of alternative land shall be taken to its logical end in accordance with law within eight weeks. Oral judgment dated 17.01.2025.

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NC: 2025:KHC:1873-DB CCC No. 127 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF JANUARY, 2025

PRESENT

THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND

THE HON'BLE MR JUSTICE M.I.ARUN CIVIL CONTEMPT PETITION NO. 127 OF 2024

BETWEEN:

1 SRI. K.B.CHANDRA SHETTY AGED ABOUT 63 YEARS, S/O BASAPPA SHETTY, BOGASE VILLAGE AND POST, CHIKKAMAGALURU - 577 101

…COMPLAINANT

(BY SRI. P.P.HEGDE, SENIOR ADVOCATE FOR SRI. VENKATESH SOMAREDDI, ADVOCATE) AND:

Digitally signed by H K HEMA Location: High Court of Karnataka

STATE OF KARNATAKA REPRESENTED BY PRL. SECRETARY TO THE REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA, MS BUILDING BENGALURU - 560 001

...PROFORMA RESPONDENT

MRS. MEENA NAGARAJU C N THE DEPUTY COMMISSIONER,

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NC: 2025:KHC:1873-DB CCC No. 127 of 2024

CHIKKAMAGALURU DISTRICT 577 101

…ACCUSED

(BY SMT. PRAMODHINI KISHAN, AGA)

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 AND ARTICLE 215 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO HOLD THE ACCUSED GUILTY OF THE OFFENCE OF CONTEMPT PUNISHABLE UNDER SECTION 12 OF THE CONTEMPT OF COURTS ACT, 1971 FOR DISOBEYING THE ORDER DATED 16.03.2022 PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO.30098/2014 PRODUCED HEREWITH AS ANNEXURE-A AND PUNISH THE ACCUSED AS PER LAW, ETC

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

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NC: 2025:KHC:1873-DB CCC No. 127 of 2024

ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

The order which is brought under contempt jurisdiction was passed by learned Single Judge on 16.03.2022. The operative direction provided that the Deputy Commissioner, Chikkamagaluru District, Chikkamagaluru shall consider the representation of the petitioner after conducting necessary inspection and decide the request of the petitioner about the allotment of site. It transpires from the record that on 15.05.2023, a communication was issued by the Additional Deputy Commissioner to the Deputy Conservator of Forests that the land was ultimately found to be falling under the forest area.

When the present contempt petition came up for consideration, learned Additional Government Advocate Smt. Pramodhini Kishan

stated that the issue will be reconsidered by the authorities including the Deputy Commissioner and the forest officials and a meeting is held in the presence of the petitioner-complainant.

In view of the developments taking place at the end of the governmental authorities, this contempt petition is disposed of by

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NC: 2025:KHC:1873-DB CCC No. 127 of 2024

observing that the process of consultation and grant of the alternative land as may be, shall be taken to its logical end in accordance with law within eight weeks from today.

Sd/(N. V. ANJARIA) CHIEF JUSTICE

Sd/(M.I.ARUN) JUDGE

hkh. List No.: 1 Sl No.: 1