Shri Aswathnarayana v Vs Sri. Tejas Kumar — Contempt of Court | Karnataka HC (2025)

Shri Aswathnarayana v Vs Sri. Tejas Kumar — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with time-bound compliance directions: the exercise under the order dated 01.10.2024 to be completed by the authorities within three months; the Tahsildar to act within one month; respondent No.3 to consider the complainant's case within two months from the date of the Tahsildar's decision.

Issue for consideration

Whether the accused persons committed contempt (disobedience) of this Court's order dated 01.10.2024 passed in Writ Petition No.26785/2024 (LA-KIADB), warranting initiation of contempt proceedings against them.

Court's answer

Since the direction of the learned Single Judge prescribed no time limit for compliance, the Court held that it could not be concluded at this stage that any of the respondents committed contempt of court, much less a willful contempt.

Ratio / Principle

So that the direction of the Court does not go uncomplied with, the Court directed that the exercise contemplated by the order dated 01.10.2024 be completed by the authorities within three months, with the Tahsildar to act within one month and respondent No.3 to consider the complainant's case within two months from the date of the Tahsildar's decision.

Detailed headnote1 paragraphs

Contempt of Courts Act, 1971 — Sections 11 and 12 — Civil Contempt Petition seeking initiation of contempt proceedings against the Special Land Acquisition Officer-2, KIADB and the Tahsildar, Devanahalli for disobedience of the order dated 01.10.2024 in Writ Petition No.26785/2024 (LA-KIADB), which had directed the Tahsildar to consider the petitioner's request and respondent No.3 to disburse land acquisition compensation upon proof of ownership, or else deposit the compensation before the Reference Court — Held: the said direction prescribed no time limit for compliance; therefore it could not be concluded that the respondents committed contempt, much less willful contempt — however, so that the direction does not go uncomplied with, the authorities were directed to complete the exercise within three months, the Tahsildar within one month and respondent No.3 within two months from the Tahsildar's decision — Petition disposed of.

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NC: 2025:KHC:1891-DB CCC No. 1377 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. 1377 OF 2024

BETWEEN:

1 SHRI ASWATHNARAYANA V S/O LATE VENKATAPPA AGED ABOUT 71 YEARS R/AT PALLAYA CHANARAYAPATNA BENGALURU RURAL - 562 135

…COMPLAINANT

(BY SRI. CHANDRASHEKAR H B, ADVOCATE)

AND:

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

SRI. TEJAS KUMAR SPECIAL LAND ACQUISITION OFFICER-2, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD B.M.I.C.P ARAVIND BHAVAN NRUPATUNGA ROAD, BENGALURU - 560 001.

NAGARAJ, TAHASILDHAR DEVANAHALLI TALUK, DEVANAHALLI, BENGALURU RURAL DISTRICT - 562 110

…ACCUSED

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NC: 2025:KHC:1891-DB CCC No. 1377 of 2024

THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560 001

...PROFORMA RESPONDENT

(BY SMT. PRAMODHINI KISHAN, AGA FOR ACCUSED 2 AND 3)

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED PERSONS FOR DISOBEDIENCE OF THE ORDER OF THIS HON'BLE COURT PASSED IN WRIT PETITION NO.26785/2024 (LA-KIADB) DATED 01.10.2024 PRODUCED AT ANNEXURE-A, 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:1891-DB CCC No. 1377 of 2024

ORAL JUDGMENT

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

The operative direction in the order dated 01.10.2024 passed

by learned Single Judge while disposing of Writ Petition No.26785 of 2024 which is brought under contempt jurisdiction reads as under,

".....a direction to respondent No.2-Tahasildhar to consider the request of the petitioner in accordance with law and pass appropriate orders thereafter and with a direction to respondent No.3 to consider the request of the petitioner in accordance with law and disburse the compensation to him, if he produces all the necessary documents showing that he is owner of the property concerned. If he fails to do so or if there is a rival claim, then in that event, respondent No.3 shall deposit the compensation amount before the Reference Court."

A bare reading of the aforesaid direction shows that time limit

is not prescribed by learned Single Judge for compliance.

In that view, it is not possible to conclude at this stage that any of the respondents have committed contempt of court, much less a

willful contempt.

4 - NC: 2025:KHC:1891-DB CCC No. 1377 of 2024

At the same time, the direction of the Court should not go uncomplied with. Therefore, it is provided that the exercise contemplated and directed as above by learned Single Judge shall be completed by the authorities within a period of three months from today. The Tahsildar shall act within one month and respondent No.3 shall thereafter consider the case of the complainant within two months from the date of the decision by the Tahsildar.

5. The petition is disposed of accordingly.

Sd/(N. V. ANJARIA) CHIEF JUSTICE

Sd/(M.I.ARUN) JUDGE

hkh. List No.: 1 Sl No.: 7