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Sri.Kenchappa Vs Sri.Mallikarjuna — Contempt of Court | Karnataka HC (2025)

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Karnataka HC
2025
Sri.Kenchappa Vs Sri.MallikarjunaSri.Kenchappa v. Sri.Mallikarjuna

Disposed¶38

Sri.Kenchappa v. Sri.Mallikarjuna

Contempt of Courts Act, 1971 – Sections 11 and 12 read with Article 215 of the Constitution of India

Karnataka HC17 Jan 2025CCC/77/2023

Case brief

AI extract

What is this about?

Karnataka High Court at Bengaluru, CCC No. 77 of 2023 (civil contempt), decided 17-01-2025 by Division Bench of K. Somashekar and Venkatesh Naik T, JJ. (order per K. Somashekar, J.). Complainant: Sri Kenchappa (since dead, through legal representatives Smt. Gowramma and Sri Srinivas K.), counsel Kumar J.C. Accused: Sri Mallikarjuna, Tahsildar Malur Taluk; Smt. Ashwini, Assistant Director of Land Records, Malur Taluk; State of Karnataka, Revenue Department, counsel Namitha Mahesh B.G., AGA. Alleged willful disobedience of order dated 21.9.2022 in W.P. No. 17312 of 2022 (KLR-RES); petition under Ss. 11 and 12, Contempt of Courts Act, 1971 r/w Article 215, Constitution of India. Compliance (phodi-durasti and RTC extracts in LRs' names) reported; complainant's counsel absent; contempt proceedings dropped.

What did the court decide?

None — contempt proceedings dropped in view of compliance of the writ order; no punishment imposed on accused Nos. 1 and 2.

Why is it important?

In view of the compliance of the writ order — phodi-durasti having been conducted and RTC extracts effected in the names of the complainant's legal representatives — the contempt proceedings do not survive for consideration and are accordingly dropped. ¶38

What the court decided

AI extract

Outcome

None — contempt proceedings dropped in view of compliance of the writ order; no punishment imposed on accused Nos. 1 and 2.

Issue for consideration

Whether accused Nos. 1 and 2 committed willful disobedience of the order dated 21-9-2022 passed in Writ Petition No. 17312 of 2022 (KLR-RES), warranting initiation of contempt proceedings and punishment.

Court's answer

In view of the compliance of the writ order — phodi-durasti having been conducted and RTC extracts effected in the names of the complainant's legal representatives — the contempt proceedings do not survive for consideration and are accordingly dropped.

Detailed headnote1 paragraphs

Contempt of Courts Act, 1971 — Sections 11 and 12 read with Article 215 of the Constitution of India — Civil contempt petition alleging willful disobedience by the Tahsildar, Malur Taluk and the Assistant Director of Land Records, Malur Taluk of the order dated 21.9.2022 in W.P. No. 17312 of 2022 (KLR-RES) — During pendency, the complainant Sri Kenchappa died and his legal representatives (Smt. Gowramma and Sri Srinivas K.) were brought on record — Phodi-durasti conducted and RTC extracts effected in the names of the legal representatives, evidencing compliance of the writ order — Held, in view of such compliance the contempt proceedings do not survive for consideration and are dropped. (Division Bench, 17-01-2025)

A

1 -

NC: 2025:KHC:1895-DB CCC No. 77 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF JANUARY, 2025

PRESENT

THE HON'BLE MR JUSTICE K.SOMASHEKAR

AND

THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.77 OF 2023

BETWEEN:

SRI KENCHAPPA S/O. LATE BUDDANNA @ MARAPPA AGED ABOUT 87 YEARS RESIDING AT KHAJI HOSAHALLI VILLAGE JADIGENAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT

SINCE DEAD, REPRESENTED BY LEGAL REPRESENTATIVES:

1(A) SMT. GOWRAMMA W/O. LATE M. KENCHAPPA AGED ABOUT 69 YEARS.

Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA

1(B) SRI SRINIVAS K. S/O. LATE KENCHAPPA AGED ABOUT 52 YEARS.

BOTH ARE RESIDING AT KHAJI HOSAHALLI VILLAGE JADIGENHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT - 562 114.

…COMPLAINANT

(BY SRI KUMAR J. C., ADVOCATE)

2 -

NC: 2025:KHC:1895-DB CCC No. 77 of 2023

AND:

SRI MALLIKARJUNA TAHSILDAR MALUR TALUK, MALUR KOLAR DISTRICT.

SMT. ASHWINI ASSISTANT DIRECTOR OF LAND RECORDS MALUR TALUK KOLAR DISTRICT.

STATE OF KARNATAKA REVENUE DEPARTMENT M. S. BUILDING BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.

…ACCUSED

(BY SMT. NAMITHA MAHESH, B. G., A.G.A.)

THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACTS, 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST ACCUSED NOS.1 AND 2 FOR HAVING WILLFUL DISOBEDIENCE OF THE ORDER PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION NO.17312 OF 2022 (KLR-RES) DATED 21.9.2022 VIDE ANNEXURE-A AND PUNISH THE ACCUSED.

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

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

3 -

NC: 2025:KHC:1895-DB CCC No. 77 of 2023

ORAL ORDER

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

This contempt proceedings has been initiated against accused Nos.1 and 2 for willful disobedience of the order dated 21-9-2022 passed in Writ Petition No.17312 of 2022

(KLR-RES).

Sri Kumar J.C., learned counsel for the complainants, is absent and there is no representation on behalf of the complainants.

Smt. Namitha Mahesh B.G., learned Additional Government Advocate, submits that after demise of Sri Kenchappa, complainant, the legal representatives of the complainant have come on record, phodi - durasti has been conducted and RTC extracts has been effected in their names.

Keeping in view the compliance of the writ order, the contempt proceedings does not survive for consideration. Accordingly, the contempt proceedings is dropped .

Sd/(K.SOMASHEKAR) JUDGE

Sd/(VENKATESH NAIK T) JUDGE

KVK

List No.: 1 Sl No.: 3

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether accused Nos. 1 and 2 committed willful disobedience of the order dated 21-9-2022 passed in Writ Petition No. 17312 of 2022 (KLR-RES), warranting initiation of contempt proceedings and punishment.¶34
The court held
In view of the compliance of the writ order — phodi-durasti having been conducted and RTC extracts effected in the names of the complainant's legal representatives — the contempt proceedings do not survive for consideration and are accordingly dropped.ratio¶38

Statutes considered

2 provisions across 2 enactments

AI extract

Contempt of Courts Act, 1971Sections 11 and 12¶27
Constitution of IndiaArticle 215¶27

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 21.9.2022 passed by the learned Single Judge in Writ Petition No. 17312 of 2022 (KLR-RES), alleged to have been willfully disobeyed by accused Nos. 1 and 2.¶27
High Court of Karnataka (learned Single Judge) · 21.9.2022
Prior proceeding
Civil contempt petition filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, seeking initiation of contempt proceedings against accused Nos. 1 and 2 and their punishment for willful disobedience of the writ order dated 21.9.2022.¶27
Prior proceeding
During the contempt proceedings, complainant Sri Kenchappa died; his legal representatives (Smt. Gowramma and Sri Srinivas K.) were brought on record, and phodi-durasti was conducted with RTC extracts effected in their names, i.e., compliance of the writ order.¶37
Prior proceeding
The contempt petition came on for orders; counsel for the complainants was absent with no representation on behalf of the complainants.¶36

Parties & counsel

AI extract

petitioner
Sri Kenchappa S/o. Late Buddanna @ Marappa (since dead), represented by legal representatives 1(A) Smt. Gowramma and 1(B) Sri Srinivas K.¶10
Kumar J. C.
respondent
Sri Mallikarjuna, Tahsildar, Malur Taluk, Malur, Kolar District (Accused No. 1)¶21
Namitha Mahesh B.G.
respondent
Smt. Ashwini, Assistant Director of Land Records, Malur Taluk, Kolar District (Accused No. 2)¶22
Namitha Mahesh B.G.
respondent
State of Karnataka, Revenue Department, M. S. Building, Bengaluru - 560 001, represented by its Principal Secretary (Accused No. 3)¶23
Namitha Mahesh B.G.

Coram

AI extract

K. Somashekarauthor¶33
Venkatesh Naik Tmember¶29

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 17 Jan 2025 · January
Registered: 19 Jan 2023
Case no.: CCC/77/2023
CNR: KAHC010040892023
Topic: Contempt of Court
Bench: K.somashekar Venkatesh Naik T
Disposal: DISMISSED
Case type: CCC

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Cite this judgement

Sri.Kenchappa v. Sri.Mallikarjuna, CCC/77/2023 (KA), decided on 17 January 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Contempt of Courts Act, 1971Sections 11 and 12
Constitution of IndiaArticle 215

View all statutes

Procedural history4

Order dated 21.9.2022 passed by the learned Single Judge in Writ Petition No. 17312 of 2022 (KLR-RES), alleged to have been willfully disobeyed by accused Nos. 1 and 2.High Court of Karnataka (learned Single Judge) · 21.9.2022
Civil contempt petition filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, seeking initiation of contempt proceedings against accused Nos. 1 and 2 and their punishment for willful disobedience of the writ order dated 21.9.2022.
During the contempt proceedings, complainant Sri Kenchappa died; his legal representatives (Smt. Gowramma and Sri Srinivas K.) were brought on record, and phodi-durasti was conducted with RTC extracts effected in their names, i.e., compliance of the writ order.

View full history

Bench / Coram

K. Somashekar and Venkatesh Naik T

Parties & counsel