Philip Stephen Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Philip Stephen Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; impugned Communication/Endorsement dated 07.03.2024 (Annexure-A) set aside; respondent No.2 directed to comply with the affidavit filed in CCC No.17 of 2021 (Annexure-D), adhering to the two acres in Sy.No.8 of Jennapura village, Sakaleshpura Taluk, within two weeks of receipt of certified copy of the order.

Issue for consideration

Whether the Communication/Endorsement dated 07.03.2024 bearing No. L.N.D (2)/200/23-24 issued by respondent No.2 (Annexure-A), reducing the extent of land from 02 acres to 01 acre, is liable to be quashed. +1 more

Court's answer

The impugned Communication/Endorsement dated 07.03.2024 (Annexure-A) issued by respondent No.2 is per se contemptuous, as respondent No.2 sat over the judgment of the Division Bench of this Court in the contempt proceedings (CCC No.17 of 2021), which is impermissible in law.

Ratio / Principle

The impugned Communication/Endorsement dated 07.03.2024 (Annexure-A) is required to be set aside.

Key takeaways

Respondent No.2 shall comply with the affidavit filed in CCC No.17 of 2021 (Annexure-D) within an outer limit of two weeks from the date of receipt of certified copy of the order.ratio¶52
The two acres in Sy.No.8 of Jennapura village, Sakaleshpura Taluk, identified by respondent No.2 in the impugned endorsement, have to be adhered to by respondent No.2.ratio¶58
The Court seriously viewed the inaction of respondent No.2 in passing the impugned order and warned respondent No.2 that evading implementation of the Court's order is deprecated.

Detailed headnote1 paragraphs

Land grant - cancellation as deemed forest - substitute grant - reduction of extent by endorsement - Writ petition under Articles 226 and 227 of the Constitution of India challenging the Communication/Endorsement dated 07.03.2024 (No. L.N.D (2)/200/23-24) issued by the Deputy Commissioner, Hassan District (respondent No.2), reducing the petitioner's grant from 02 acres to 01 acre: Held, the endorsement was per se contemptuous, since respondent No.2 sat over the Division Bench judgment in CCC No.17 of 2021, wherein an affidavit-undertaking to grant two acres was recorded; the impugned endorsement (Annexure-A) was set aside and respondent No.2 was directed to comply with the affidavit (Annexure-D) within two weeks, adhering to the two acres in Sy.No.8 of Jennapura Village, Sakaleshpura Taluk identified therein; evasion of the Court's order deprecated and respondent No.2 warned. (E.S.INDIRESH, J.; order dated 06-06-2025)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.24970 OF 2024 (KLR-RES)

BETWEEN:

PHILIP STEPHEN S/O LATE A B STEPHEN AGED ABOUT 63 YEARS, PRESENTLY R/O NO.347, 7TH MAIN ROAD, VIVEK NAGAR, BANGALORE-560047 ALSO AT R/O HOUSING BOARD SAKALESHPURA TOWN-573134.

…PETITIONER

(BY SRI. SUMANTH L BHARADWAJ, ADVOCATE)

AND:

Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BANGALORE-560001.

DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573201.

ASSISTANT COMMISSIONER SAKALESHPURA TALUK HASSAN DISTRICT-573134.

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THE THASILDHAR SAKALESHPURA TALUK HASSAN DISTRICT-573134.

…RESPONDENTS

(BY SMT. NAVYA SHEKAR, AGA )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION / ENDORSEMENT DATED 07.03.2024 BEARING NO. L.N.D (2)/200/23-24 ISSUED BY RESPONDENT NO.2, ANNEXURE-A; AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE E.S.INDIRESH

ORAL ORDER

This writ petition is filed by the petitioner challenging the Communication/Endorsement dated 07.03.2024 (Annexure-A) issued by respondent No.2 inter-alia sought for writ of mandamus directing the respondents to grant five acres of land in Sy.No.8 of Jannapura Village, Sakaleshpura Taluk, Hassan District, as per representation produced at Annexure-B.

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Heard the learned counsel appearing for the

parties.

Perusal of the petition would indicate that the

respondent-authorities have granted the land as per order dated 17.07.2021 in LND (2) 01/2020-21, LND (2) 129/2020-21 and thereafter, the respondent-authorities

had come to a conclusion that the land which was granted in favour of the petitioner is deemed forest and therefore, the same was cancelled and in lieu of the same, granted two acres of land in Sy.No.8 of Jannapura Village, Sakaleshpura Taluk, Hassan District. Thereafter, the respondent No.2 has reduced the extent of land from 02 acres, to 01 acre of land and same is challenged in this writ petition.

It is relevant to mention here that, the petitioner has preferred W.P.No.8704 of 2020, seeking

direction from this Court to grant the land in favour of petitioner and this court has specifically stated that the land has to be granted within 45 days from the date of

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order as per Annexure-C. It appears that the respondentauthorities have not complied with the same, resulting in the proceedings in CCC No.17 of 2021.

5. In the contempt proceedings the respondent

No.2 has filed affidavit and same is reflected in the order

passed in CCC No.17 of 2021 which reads as under:

"ORDER

An affidavit has been filed by the first accused placing reliance on the order dated 17^th July 2021 (Annexure--R1), survey sketch and dispatch register at Annexures-R2 and R3. Under the order at Annexure-R1, the complainant has been granted 2 acres of land in Sy. No.13 of Agani village. Hence, there is a substantial compliance made by the accused. In the event, the complainant has any grievance about the said order, he is free to adopt appropriate proceedings in accordance with law.

2. Subject to what is observed above, the petition is disposed of.

3. The pending interlocutory application does not survived and is accordingly, disposed of"

Perusal of the affidavit filed by the respondent

No.2, would indicate that, an undertaking was made

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before this court granting two acres of land. In that view of the matter, I am of the opinion that, the order passed by the respondent No.2, dated 07.03.2021 (Annexure-A) is per-se amounts to contemptuous and it appears that

respondent No.2 has sit over the judgment of Division Bench of this court in contempt proceedings, which is impermissible in law and this act of the respondent No.2, has to be deprecated. It is duty of the respondentauthorities to obey the order passed by this court. In that view of the matter, I find force in the submission made by the learned counsel for the petitioner. Therefore, the impugned Communication/Endorsement 07.03.2024 (Annexure-A) is required to be set aside and the respondent No.2 shall comply with the affidavit filed in CCC No.17 of 2021 (Annexure-D) within an outer limit of two weeks from the date of receipt of certified copy of this

order. In the result the writ petition is allowed . It is forthcoming from the impugned

Communication/Endorsement produced at Annexure- A

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that respondent No.2 has identified the land to an extent of 02 acres in Sy.No. 8 of Jennapura village, Sakaleshpura Taluk and same has to be adhered to by the respondent No.2 and this court has seriously viewed the inaction on the part of respondent No.2 while passing the impugned order and warned respondent No.2 that, evading from implementing the order of this court is hereby deprecated.

SD/(E.S.INDIRESH) JUDGE

SB

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