Shah Jalaloddin Akbar Vs Smt. Shilpa Sharma, IAS the… — Contempt of Court | Karnataka HC (2025)

Shah Jalaloddin Akbar Vs Smt. Shilpa Sharma, IAS the… — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Contempt petition dropped; no punishment imposed. On the Deputy Commissioner's assurance, the survey of the land carved out of original Sy.No.15 of Chidri village as directed by the learned Single Judge is to be completed and appropriate orders passed in accordance with law; liberty reserved to the petitioner to file a fresh contempt petition if the undertaking is not adhered to.

Issue for consideration

Whether accused No.1 (the Deputy Commissioner, Bidar) committed contempt by willful disobedience of the lawful order dated 25.09.2023 passed in W.P.No.201312/2023, warranting initiation of contempt proceedings and punishment. +1 more

Court's answer

In view of the specific submission of the learned Deputy Commissioner, Bidar, the present contempt petition is dropped on the assurance of the Deputy Commissioner that the survey as directed by the learned Single Judge would be completed and thereafter appropriate orders would be passed in accordance with law.

Ratio / Principle

In view of the statement of the Deputy Commissioner, Bidar, the order dated 15.03.2025 should be treated as an order only for conducting survey and not the order on merits of the case as directed by the learned Single Judge.

Key takeaways

If the undertaking is not adhered to, it is open for the petitioner to file a fresh contempt petition.ratio¶35

Detailed headnote1 paragraphs

Contempt of Courts Act, 1971 - Ss. 2(b), 12 - Civil contempt petition alleging willful disobedience of the learned Single Judge's order dated 25.09.2023 in W.P.No.201312/2023, whereby the order dated 07.02.2023 of respondent No.1 (Deputy Commissioner, Bidar) was set aside and the matter remitted for fresh decision after survey of the land carved out of original Sy.No.15 of Chidri village, within four months - Deputy Commissioner passed order dated 15.03.2025 without conducting the directed survey - Deputy Commissioner, present before the Division Bench, undertook to conduct the survey (extent exceeding 254 acres; about one month) and thereafter pass orders (about one more month) - Division Bench (per Vijaykumar A. Patil J.) held that the order dated 15.03.2025 be treated as an order only for conducting survey and not on merits, and dropped the contempt petition on that assurance, observing that if the undertaking is not adhered to, the petitioner may file a fresh contempt petition.

1 - NC: 2025:KHC-K:2135-DB CCC No. 200030 of 2025

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 3^RD DAY OF APRIL, 2025

PRESENT

THE HON'BLE MR. JUSTICE K NATARAJAN

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

CIVIL CONTEMPT PETITION NO.200030 OF 2025

BETWEEN:

SHAH JALALODDIN AKBAR S/O SHAH ABDUL FAIZ KUNJANASHI, AGED ABOUT 52 YEARS, OCC: AGRICULTURE, R/O CHIDRI VILLAGE, TQ. AND DIST. BIDAR-585403.

…COMPLAINANT (BY SRI RAVI B. PATIL, ADVOCATE) Digitally signed by NIJAMUDDIN AND: JAMKHANDI Location: HIGH COURT OF 1. SMT. SHILPA SHARMA, IAS KARNATAKA THE DEPUTY COMMISSIONER, BIDAR DISTRICT, D.C. OFFICE, BIDAR-585401. …ACCUSED 2. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT M. S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU-01. …PROFARMA PARTY (BY SRI SHIVAKUMAR TENGLI, AGA FOR R-2;

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NOTICE TO R-1 IS SERVED)

THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTION 2 (b) READ WITH SECTION 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO INITIATE PROCEEDINGS AGAINST THE ACCUSED NO.1 FOR COMMITTING CONTEMPT OF LAWFUL ORDER PASSED IN WRIT PETITION NO.201312/2023 DATED 25.09.2023 VIDE ANNEXURE-A AND PUNISH THE ACCUSED NO. 1 IN ACCORDANCE WITH LAW.

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

CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND

HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

This contempt petition is filed alleging willful disobedience of the order of the learned Single Judge dated 25.09.2023 passed in W.P.No.201312/2023 (KLRRR/SUR). The operative portion of the order of the learned Single Judge reads as under:

“8. Accordingly, the writ petition is allowed. The impugned order dated 07.02.2023 passed by respondent No.1, is set aside. The matter is remitted to respondent No.1 to reconsider the issue afresh and pass appropriate orders in accordance with law taking into account the observations made

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above and conducting survey in respect of the subject land which is carved out of original Sy.No.15 of Chidri village.

Respondent No.1 shall complete the said exercise within an outer limit of four months from the date of receipt of a certified copy of this order.”

The respondent – Deputy Commissioner, Bidar filed an affidavit dated 17.03.2025. The said affidavit is accompanied with an order dated 15.03.2023. The learned Additional Government Advocate appearing for the respondent submits that as per the direction of the learned Single Judge the decision has been taken by the Deputy Commissioner and order is passed. The learned counsel for the petitioner, in reply, submits that the said order is passed by the Deputy Commissioner without conducting survey as directed by the learned Single Judge.

Today, Smt. Shilpa Sharma, the Deputy Commissioner, Bidar, who is present before the Court, submits that the order dated 15.03.2025 is passed without conducting survey of Sy.No.15 of Chidri village as directed

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by the learned Single Judge and she submits that she has already ordered for conducting survey and after survey she would pass order as directed by the learned Single Judge.

In view of the aforesaid statement of the Deputy Commissioner, Bidar, the order dated 15.03.2025 should be treated as an order only for conducting survey and not the order on merits of the case as directed by the learned Single Judge. The Deputy Commissioner further submits that the extent in Sy.No.15 of Chidri village is more than 254 acres and they need minimum one month’s time to complete the survey and thereafter she needs another one month’s time to pass order as directed by the learned Single Judge.

In view of the specific submission of the learned Deputy Commissioner, Bidar, the present contempt petition is dropped on the assurance of the Deputy Commissioner that the survey as directed by learned Single Judge would be completed and thereafter

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NC: 2025:KHC-K:2135-DB CCC No. 200030 of 2025

appropriate orders would be passed in accordance with law.

It is needless observe that if the undertaking is not adhered to, it is open for the petitioner to file a fresh contempt petition.

Sd/(K NATARAJAN) JUDGE

Sd/(VIJAYKUMAR A. PATIL) JUDGE

SWK List No.: 1 Sl No.: 50 CT:SI