Disposed¶34

Sri. Bettegowda v. Ashwini G

Karnataka HC6 Jan 2025CCC/766/2023

Case brief

AI extract

What is this about?

CCC No. 766 of 2023; NC: 2025:KHC:122-DB; High Court of Karnataka at Bengaluru; civil contempt proceeding dropped; Contempt of Courts Act 1971 Sections 11, 12 and 2(b); alleged disobedience of order dated 29.10.2022 in W.P.No.18747/2021 (KLR-RES), Annexure-D; complainant Bettegowda; Accused No.1 Ashwini G T, Tahsildar, Arakere Hobli, Srirangapatna Taluk, Mandya District; Accused No.2 State of Karnataka, Revenue Department; compliance affidavit dated 05.08.2024; endorsement by competent authority; saguvali chit; liberty to complainant to proceed in accordance with law; Bench: K. Somashekar and Venkatesh Naik T; decision dated 06.01.2025.

What did the court decide?

Contempt proceeding dropped; liberty granted to the complainant to proceed further in accordance with law. ¶34

Sri. Bettegowda Vs Ashwini G — Contempt of Court | Karnataka HC (2025)

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NC: 2025:KHC:122-DB CCC No. 766 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JANUARY, 2025

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 766 OF 2023

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BETWEEN:

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SRI. BETTEGOWDA S/O LATE SIDDEGOWDA AGED ABOUT 71 YEARS R/AT DODDEPALYA VILLAGE ARAKERE HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT 571415.

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Digitally signed by SUMATHY KANNAN

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Location: High Court of Karnataka

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(BY SRI. P MAHESHA - ADVOCATE)

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AND:

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ASHWINI G T TASHILDAR ARAKERE HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT 571415.

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…COMPLAINANT

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU 560001.

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…ACCUSED

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(BY SMT. NAMITHA MAHESH B G – AGA FOR ACCUSED NO.2; ACCUSED NO.1 SERVED AND UNREPRESENTED)

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2 - NC: 2025:KHC:122-DB CCC No. 766 of 2023

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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 HAVING WILLFULLY DEFIED AND DELIBERATELY DISOBEYED THE ORDER/DIRECTIONS ISSUED BY THIS HON’BLE COURT DATED 29.10.2022 IN W.P.NO.18747/2021 (KLR-RES) VIDE ANNEXURE-D.

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

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

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Learned counsel Sri P.Mahesha for complainant is present. Learned AGA Smt Namitha Mahesh B.G for Accused/Respondents is present.

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Office notes reveals as rectification of office objection raised on compliance affidavit dated 05.08.2024 filed by learned AGA on behalf of accused No.1 i.e the name Accused No.1 does not tally with the main petition.

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Learned AGA submits that compliance affidavit has

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been filed by Accused/Respondent No.1 who is the present Thasildar in the unit of Srirangapatna, Mandya District.

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3 - NC: 2025:KHC:122-DB CCC No. 766 of 2023

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Learned counsel Sri P.Mahesh submits that the signature of Accused No.1 is not tallying with the main petition and the same is indicated in the office notes. The Respondents/Authority are required to issue saguvali chit. This submission is placed on record.

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However, the Respondents/Authority have issued endorsement which finds place on the record.

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Keeping in view Section 2(b) of the Contempt of Courts Act, 1971 and the endorsement issued by the competent authority, it is deemed appropriate that this contempt proceeding do not survive for consideration. Consequently, the contempt proceeding is dropped.

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Liberty is granted to the complainant to proceed further in accordance with law.

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Sd/(K.SOMASHEKAR)

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JUDGE

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Sd/(VENKATESH NAIK T) JUDGE

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Sri. Bettegowda v. Ashwini G

Case brief

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Sri. Bettegowda v. Ashwini G

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