K.C.Medappa Vs Venkataraju — Contempt of Court | Karnataka HC (2025)

K.C.Medappa Vs Venkataraju — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No punishment imposed and no contempt proceedings initiated; the contempt petition was disposed of upon finding that the writ order (confined to consideration of representations) stood complied with, with liberty reserved to the complainant to approach the appropriate forum for any residual grievance.

Issue for consideration

Whether accused nos. 1 to 4 wilfully and deliberately disobeyed the order dated 28.11.2023 passed in Writ Petition No. 24657 of 2023, warranting initiation of contempt proceedings and their punishment. +1 more

Court's answer

The order of the learned Single Judge in W.P. No. 24657 of 2023 pertained to considering the representations of the complainant; since the representations were considered (as stated in the compliance affidavits), the Division Bench found that the order has been complied with.

Ratio / Principle

For the aforementioned reasons, the contempt petition does not survive and stands disposed of.

Key takeaways

It is clarified that if the complainant still has any grievance, he is at liberty to approach the appropriate forum in the manner known to law.obiter¶49

Detailed headnote1 paragraphs

Civil contempt - petition under Sections 11 and 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India - alleging wilful and deliberate disobedience of the order dated 28.11.2023 of the learned Single Judge in W.P. No. 24657/2023, which directed the respondents to consider the complainant's representations and alleviate his grievance within three weeks, concerning removal of an encroachment and bund put by a third party across a natural stream near Sy.No.164/2, Kothur Village (part of Nagarahole National Park) - respondents filed compliance affidavits dated 20.04.2024 and 17.02.2025 stating that the encroachments were removed and the representation was considered positively - complainant contended there was only partial compliance - Held (per M.I. Arun, J.): the order under execution pertained only to consideration of the representations, and the same having been considered, the order stands complied with; the contempt petition does not survive and is disposed of; complainant left at liberty to approach the appropriate forum for any residual grievance.

1 - NC: 2025:KHC:10955-DB CCC No. 274 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF MARCH, 2025

PRESENT

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

AND

THE HON'BLE MR JUSTICE M.I.ARUN CIVIL CONTEMPT PETITION NO. 274 OF 2024

BETWEEN:

K.C. MEDAPPA S/O LATE CARIAPPA AGED ABOUT 86 YEARS LAKKUNDA ESTATE, P.B.NO.9 KUTTA, KODAGU - 571 250.

…COMPLAINANT

(BY SMT. P.C. VINITHA, ADVOCATE)

AND:

Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA

VENKATARAJU

THE DEPUTY COMMISSIONER KODAGU DISTRICT MADIKERI - 571 201.

HARSHA KUMAR CHIKKANARAGUNDA THE DEPUTY CONSERVATOR OF FOREST AND DIRECTOR OF NAGARAHOLE NATIONAL PARK, HUNSUR - 571 105.

KUMARI ANUSHA THE ASSISTANT CONSERVATOR OF FOREST

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NAGARAHOLE KODAGU - 571 250.

MAHAMOOD ZEESHAN THE RANGE FOREST OFFICER OFFICE OF THE RANGE FOREST OFFICER NAGARAHOLE KUTTA POST - 571 250 KODAGU.

…ACCUSED

STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING BENGALURU - 560 001 REP. BY SECRETARY.

... PROFORMA RESPONDENT

(BY SRI NAVEEN CHANDRASHEKAR, AGA)

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST ACCUSED NOS.1 TO 4 AND PUNISH THEM FOR THEIR WILLFUL AND DELIBERATE DISOBEDIENCE OF THE ORDER DATED 28.11.2023 PASSED BY THE HON'BLE HIGH COURT IN W.P.NO.24657/2023 IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ORDERS, 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

3 - NC: 2025:KHC:10955-DB CCC No. 274 of 2024

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE M.I.ARUN)

On the ground that the order passed in Writ Petition No.24657 of 2023 has not been complied with, the present contempt petition is filed by the petitioner therein.

The complainant filed Writ Petition No.24657 of 2023 with the

following prayers:

"i. Issue a writ of mandamus directing the Respondents 2 to 5 to remove the encroachment and the bund put by third party across the natural stream near Sy.No.164/2 in Kothur Village which is the part and parcel of Nagarahole National Park and allow the free flow of water;

ii. Issue a writ of mandamus directing Respondents 2 to 5 to consider Annexure-B, the representation dated 24.8.2023 given by the petitioner to Respondent No.2, Annexure-B1, the representation dated 24.08.2023 to Respondent No.3, Annexure-B2, the representation dated 23.8.2023 to Respondent No.4 and Annexure-B3 the representation dated 23.08.2023 to Respondent No.5 immediately and take action;

iii. Issue any other writ, order or directions as this Hon'ble Court deems fit in the circumstances of the case in the interest of justice and equity."

Considering the prayers of the complainant, the following

order has been passed in the writ petition:

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"6. The respondents shall consider the representations and alleviate the grievance of the petitioner within 3 weeks from the date of receipt of a copy of this order, if not earlier."

On the ground that the encroachment has not been removed by the Authorities concerned, the present contempt petition has been filed.

Learned Additional Government Advocate appearing for respondents has filed a compliance affidavit dated 20.04.2024 and an additional compliance affidavit dated 17.02.2025, stating that the encroachments have been removed and the representation of the complainant has been considered positively. He prays that the contempt petition be dropped.

The complainant however, disputes the submission of the learned Additional Government Advocate and submits that there is only a partial compliance and the entire encroachment has not been removed.

The learned Single Judge in Writ Petition No.24657 of 2023 has directed the Authorities concerned to consider the

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representations of the complainant in accordance with law and take appropriate action.

The learned Additional Government Advocate upon instruction has submitted that encroachment has been removed whereas, the petitioner is submitting that the same is not removed. As the order of the learned Single Judge pertains to considering the representations of the complainant, under the given circumstances, we find that the order has been complied with.

For the aforementioned reasons, the contempt petition does not survive and stands disposed of.

However, it is clarified that if the complainant has still any grievance, he is at liberty to approach the appropriate forum in the manner known to law.

Sd/(N. V. ANJARIA) CHIEF JUSTICE

Sd/(M.I.ARUN) JUDGE

VMB

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