Dismissed¶77

Goudappa v. v Rashmi Mahesh

Karnataka HC26 Jun 2025CCC/200115/2025

Case brief

AI extract

What is this about?

Civil contempt; willful disobedience; non-implementation of writ direction; W.P.No.203687/2024 order dated 17.12.2024; representation dated 09.09.2024; RTC/land records entry; Land Tribunal Humnabad; occupancy rights; Sy.No.69 Muganur, Humnabad, Bidar; premium Rs.1,000/-; payment 03.10.2024; Tahsildar Anjum Tabasum/Tabassum; endorsement dated 12.06.2025; 85-day delay and apology; mutation entry; contempt petition dropped; Contempt of Courts Act Sections 11 and 12; Article 215 Constitution of India; High Court of Karnataka Kalaburagi Bench; Justice Mohammad Nawaz; Justice K S Hemalekha; CCC No. 200115 of 2025; decided 26.06.2025.

What did the court decide?

No relief to the complainant; contempt proceedings dropped without initiating any punishment or awarding costs, the Court having found the direction of 17.12.2024 complied with.

Goudappa Vs v Rashmi Mahesh — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No relief to the complainant; contempt proceedings dropped without initiating any punishment or awarding costs, the Court having found the direction of 17.12.2024 complied with.

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Issue for consideration

Whether the accused (respondents) committed contempt by willful disobedience / non-implementation of this Court's order dated 17.12.2024 in W.P.No.203687/2024, which directed consideration of the complainant's representation dated 09.09.2024 for incorporation of his name in the RTC/land records pursuant to the Land Tribunal's order.

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Court's answer

On perusal of the entire material on record and the affidavit filed by the Tahsildar (respondent No.4), the Court found that the direction issued by it by order dated 17.12.2024 stands complied with.

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Key takeaways

It is for the Land Tribunal to confirm the occupancy rights, and upon such confirmation the Tahsildar is to carry out the necessary mutation entry in the revenue records.obiter¶70

Detailed headnote1 paragraphs

Civil contempt petition under Sections 11 and 12 of the Contempt of Courts Act r/w Article 215 of the Constitution of India alleging non-implementation of the High Court's (Kalaburagi Bench) order dated 17.12.2024 in W.P.No.203687/2024, whereby the respondents were directed to consider the complainant's representation dated 09.09.2024 seeking entry of his name in the RTC/land records in terms of the Land Tribunal, Humnabad's order dated 19.10.1992 granting occupancy rights over Sy.No.69 measuring 2 acres 6 guntas of Muganur, Taluk Humnabad, District Bidar, subject to payment of Rs.1,000/- premium. Per the Tahsildar's affidavit, the premium lay unpaid for about 30 years and was paid only on 03.10.2024; the Land Tribunal was not constituted; an endorsement issued on 12.06.2025 (admitting an 85-day delay, with apology) stated the file would be placed before the Land Tribunal once constituted. HELD: the direction dated 17.12.2024 stands complied with; confirmation of occupancy rights is for the Land Tribunal and, upon confirmation, the Tahsildar is to carry out the necessary mutation entry; the contempt petition does not survive and is dropped.

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NC: 2025:KHC-K:3402-DB CCC No. 200115 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 26^TH DAY OF JUNE, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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AND

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THE HON'BLE MRS JUSTICE K S HEMALEKHA

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CIVIL CONTEMPT PETITION NO.200115 OF 2025

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BETWEEN:

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SRI.GOUDAPPA

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S/O.BASAPPA AGE 57 YEARS,OCC:AGRICULTURE R/O. MUGANOOR, DISTRICT BIDAR-585 418.

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…COMPLAINANT

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(BY SRI. MAHESH PATIL, ADVOCATE)

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AND:

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Digitally signed by KHAJAAMEEN MALAGHAN Location: HIGH COURT OF KARNATAKA

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SMT. V RASHMI MAHESH (IAS) AGE MAJOR, THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING, BENGALURU-560 001.

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SMT.SHILPA SHARMA (IAS) AGE MAJOR, DEPUTY COMMISSIONER, BIDAR DISTRICT BIDAR-585 401.

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SRI. MUKUL JAIN (IAS) AGE MAJOR,

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THE ASSISTANT COMMISSIONER, BASAVAKALYAN DIST. BIDAR-585 327.

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NC: 2025:KHC-K:3402-DB CCC No. 200115 of 2025

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HC-KAR

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ANJUM TABASUM AGE MAJOR, THE TAHSILDAR, HUMNABAD, DISTRICT BIDAR-585 330.

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…ACCUSED

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THE STATE OF KARNATAKA REPRESNTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, MS BUILDING, BENGALURU-560 001.

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…PROFORMA PARTY

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(BY SRI.SHIVAKUMAR TENGLI, AGA FOR R1 TO R5)

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THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING COMMITTED CONTEMPT OF COURT IN NOT IMPLEMENTING THE ORDER DATED 17.12.2024 AT ANNEXURE-A PASSED BY THIS HON’BLE COURT IN WRIT PETITION NO.203687/2024. THEREFORE, THE ACCUSED MAY BE PUNISHED IN ACCORDANCE WITH LAW AND FURTHER BE PLEASED TO AWARD COST OF THE PROCEEDINGS.

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

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS JUSTICE K S HEMALEKHA

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NC: 2025:KHC-K:3402-DB CCC No. 200115 of 2025

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HC-KAR

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ORAL ORDER

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(PER: HON'BLE MRS JUSTICE K S HEMALEKHA)

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The present contempt petition is initiated

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against the accused for willful disobedience of the order passed in W.P.No.203687/2024 dated 17.12.2024.

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Heard the learned counsel appearing for the complainant and learned AGA for the respondents.

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This Court vide order dated 17.12.2024 in

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W.P.No.203687/2024 passed the following order:

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In this petition, the petitioner seeks the following reliefs.

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"a) Issue a writ of mandamus/directions to the respondents to consider his representation dated 09.09.2024 (Annexure-F), and direct them to incorporate the name of the petitioner in the RTC and land records in terms of the order of the land tribunal (Annexure-A) in accordance with law in the interest of justice and equity;

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b) pass such other orders as this Hon'ble Court deems fit in the facts and circumstances of the case."

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4 - NC: 2025:KHC-K:3402-DB CCC No. 200115 of 2025

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HC-KAR

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Heard learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record.

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It is the grievance of the petitioner that his representation dated 09.09.2024 at Annexure-F submitted to the respondents has not been considered so far by them nor any order has been passed on the same. Under these circumstances, the petitioner is before this Court by way of the present petition.

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Per contra, learned HCGP for the respondents submits that if reasonable time is given, they would consider and pass necessary order on the said application/representation.

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In view of the aforesaid facts and circumstances and rival submissions, the concerned respondents are hereby directed to address the grievances of the petitioner and consider his representation dated 09.09.2024 at Annexure-F and pass appropriate order / take appropriate decision in accordance with law, within a period of two months from the date of receipt of a copy of this order.

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With the aforesaid directions, the petition stands disposed of.”

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Affidavit of Anjum Tabassum, Tahsildar of

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Humnabad Taluk, District: Bidar has been filed and para Nos.2, 4 and 5 are extracted here under:

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NC: 2025:KHC-K:3402-DB CCC No. 200115 of 2025

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HC-KAR

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I state that, it is fact that, the Land Tribunal Humnabad was pleased to pass the Order granting the land Sy.No.69 measuring 02 acre 06 guntas of Muganur, Tq: Humnabad, Dist: Bidar, in favour of the complainant and thereafter a Notice was issued from the Land Tribunal, Humnabad on 11/11/1993 and 22/04/1995 for making the payment of the premium amount of Rs.1000/- but the complainant was not paid the premium amount as per the Notice for about 30 years and in the year 2024 i.e. on 03/10/2024 the complainant has paid an amount of Rs.1000/- through challen without there being any notice/intimation from the office of Tahsildar/Secretary Land Tribunal and thereafter filed the Writ Petition praying the Hon'ble Court with a direction to consider his application dated 09.09.2024 submitted to the office of Tahsildar, Humnabad, wherein requesting to enter his name on the basis of Land Tribunal Order dated 19/10/1992.

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I state that, at present the Land Tribunal was not constituted in Humnabad Taluka and after payment of premium, the Tribunal has to pass the Order to enter the name of occupant grantee in the ROR. Hence, an endorsement was issued to the complainant on 12/06/2025, wherein it is stated that, his file will be placed before the Land Tribunal, Humnabad, immediately after the Land Tribunal is constituted for orders to implement the direction of the Hon'ble Court.

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I state that, I have great respect to the orders passed by this Hon'ble Court. Accordingly, after

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NC: 2025:KHC-K:3402-DB CCC No. 200115 of 2025

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HC-KAR

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verifying the Land Tribunal papers i.e. file No.REV/LRM/CR-24/1984-85 and the Order dated 19.10.1992. Accordingly, endorsement was issued on 12/06/2025 and the copy of the order was submitted by the complainant on 17.01.2025, two months time for consideration of his application as per the Court order expires on 17.03.2025. The endorsement was issued on 12/06/2025. The copy of the endorsement dated 12/06/2025 is produced herewith and marked as ANNEXURE-R.2. Hence there is a delay of 85 days caused in issuing endorsement and complying the orders/direction of the Hon'ble Court. The said delay of 85 days was caused due to rush of work and to search the Land Tribunal papers and other office duty. The delay is not intention, hence I tender my unconditional apology for the delay caused in issuing the endorsement and for the above said reasons I most humbly prays this Hon'ble Court be pleased to drop the contempt proceedings, in the interest of justice and equity.

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It is brought to the notice of the Court that the land tribunal, Humnabad had granted occupancy rights in respect of the land Survey No.69 measuring 2 acres 6 guntas of Muganur, Taluk: Humnabad District: Bidar, in favour of the petitioner/complainant herein.

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7 - NC: 2025:KHC-K:3402-DB CCC No. 200115 of 2025

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HC-KAR

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In the operative portion of the order of the land tribunal dated 19.10.1992, it was indicated that the occupancy rights would be confirmed upon the complainant on payment of premium of Rs.1,000/-. Accordingly, a notice was issued by the land tribunal on 11.11.1993. However, no such payment was made by the complainant. It’s only on 03.10.2024, complainant suo moto made a payment of Rs.1,000/-. It is stated in the affidavit that the order of granting the occupancy rights is not yet confirmed. In light of the premium being paid only in the year 2024 and the Land Tribunal not been constituted and as such the endorsement has been issued on 12.06.2025 to the said effect and the same is communicated to the complainant.

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Upon perusal of the entire material on record and the affidavit filed by the Tahsildar – respondent No.4, we find that the direction issued by this Court by order dated 17.12.2024 stands complied and it is for the land tribunal to confirm the occupancy rights and on such

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NC: 2025:KHC-K:3402-DB CCC No. 200115 of 2025

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HC-KAR

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confirmation the Tahsildar to carry out necessary mutation

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entry in the revenue records.

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