Sri. Govindaraju Vs the Principal Secretary — Contempt of Court | Karnataka HC (2025)

Sri. Govindaraju Vs the Principal Secretary — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of as its prayer stood addressed (encroachments by respondent Nos.7 and 9 removed and lands recovered; land of respondent No.8 recovered after dismissal of O.S.33/2019); contempt petition CCC No.162/2020 closed; pending application disposed of.

Issue for consideration

Whether the official respondents Nos.1 to 6 should be directed (by writ of mandamus) to consider Annexures-J and K and evict respondent Nos.7 to 9 from the encroached area shown in the Annexure-A sketch. +1 more

Court's answer

Since the encroachments by respondent Nos.7 and 9 were removed and their lands recovered, and the land encroached upon by respondent No.8 was also recovered after the dismissal of Civil Suit No.O.S.33/2019, the prayer made in the writ petition stood addressed; no further orders were required and the petition was disposed of.

Ratio / Principle

In view of the disposal of the writ petition, the suo motu contempt proceedings in CCC No.162/2020 against the Panchayath Development Officer were closed.

Detailed headnote1 paragraphs

Writ Petition No.55870/2018 (LB-RES-PIL), filed under Articles 226 and 227 of the Constitution by eight residents of K G Srinivasapura Village, Nelamangala Taluk, sought a writ of mandamus directing respondents Nos.1 to 6 to consider Annexures-J and K and evict respondent Nos.7 to 9 from the encroached area shown in Annexure-A. On 13.08.2019 the Court recorded the assurance of respondent No.6 (the Panchayath Development Officer, Honnenahalli Grama Panchayath) that the entire process against respondent Nos.7 and 9 would be taken to its logical end within a month; on his failure to comply, the Court on 24.01.2020 directed his personal presence and, on 06.02.2020, found him prima facie guilty of civil contempt and directed the Registrar General to file a suo motu contempt petition (CCC No.162/2020) under Sections 11 and 12 of the Contempt of Courts Act, 1971 r/w Article 215 of the Constitution. Respondent No.6 thereafter reported that respondent No.7 had encroached gram tana land measuring 0.4 1/4 guntas and respondent No.9 land measuring 0.1 1/4 guntas, and that these lands were recovered; the land encroached by respondent No.8, covered by an interim order in Civil Suit No.O.S.33/2019, was recovered after that suit's dismissal. Finding the prayer addressed, the Bench (Vibhu Bakhru, Chief Justice, with C.M. Poonacha, J.) disposed of the writ petition, closed the contempt petition and disposed of the pending application.

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 55870 OF 2018 (LB-RES-PIL)

C/W

CIVIL CONTEMPT PETITION NO. 162 OF 2020

IN W.P.No. 55870/2018

BETWEEN:

SRI. GOVINDARAJU, 36 YEARS S/O LATE HANUMANTHARAYAPPA

SRI SIDDARAJU, 30 YEARS S/O THIMMAIAH

Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka

SRI KEMPANNA, 29 YEARS S/O KARIYAPPA

SRI GANGARAJU, 38 YEARS S/O SIDDAVENKATSWAMAIAH

SRI HANUMANTHARAJU, 40 YEARS, S/O VENKATASWAMY

SRI HANUMANTHARAJU, 40 YEARS, S/O GOVINDAIAH

SRI SRINIVAS H, 38 YEARS, S/O HANUMAIAH

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SRI RANGAIAH, 38 YEARS, S/O ANJINAPPA

ALL ARE RESIDENTS OF K G SRINIVASAPURA VILLAGE DABASAPETE POST, SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DIST-562111

…PETITIONERS

(BY SRI ROHIT B., ADVOCATE FOR SRI NAGESH S., ADVOCATE)

AND:

THE PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT VIDHANA SOUDHA, BENGALURU-560001

THE DEPUTY COMMISSIONER BENGALURU RURAL DIST CHAPPARADAKALLU VILLAGE DODDABALLAPURA DEVANAHALLI ROAD

DEVANAHALLI TALUK, BENGALURU RURAL DIST

THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH OFFICE BENGALURU RURAL, BANGALORE-560009

THE THASILDAR TALUK OFFICE, NELAMANGALA TALUK BENGALURU RURAL DIST

THE EXECUTIVE OFFICER TALUK PANCHAYATH NELAMANGALA TALUK BENGALURU RURAL DIST

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PANCHYATH DEVELOPMENT OFFICER HONNENAHALLI GRAMA PANCHAYATH HONNENAHALLI, SOMPURA HOBLI NELAMANGALA TALUK

BENGALURU RURAL DIST

SRI RANGADHAMAIAH, 55 YEARS S/O MARISIDDAIAH

SMT SHANTHAMMA, 33 YEARS W/O LAKSHMANAIAH (EX GRAMA PANCHAYATH VICE PRESIDENT)

SRI MUNISHAMAIAH, 65 YEARS S/O MUNIVENKATAIAH

ALL ARE RESIDENTS OF K G SRINIVASAPURA VILLAGE DABASAPETE POST. SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562111

…RESPONDENTS

(BY SMT. NILOUFER AKBAR, AGA FOR R1, R2 & R4. SRI POORNACHANDRA B PATTAR, ADVOCATE FOR R3 SRI M S DEVARAJU, ADVOCATE FOR R5 SRI J.N. NAVEEN, ADVOCATE FOR R6 V/O DATED 09-07-2019, SERVICE OF NOTICE ON R-7 TREATED AS GOOD SERVICE SRI M.S. RAJENDRA, ADVOCATE FOR R8)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO R-6 TO CONSIDER THE ANENXURE-J AND K AND EVICT THE R-7 TO 9 FROM ENCROACHED AREA AS SHOWN IN THE ANNEXURE-A SKETCH & ETC.

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IN CCC NO. 162/2020

BETWEEN:

HIGH COURT OF KARNATAKA BENGALURU -560 001

REP. BY THE REGISTRAR GENERAL

...SUO MOTO-COMPLAINANT

AND:

SRI. D R MANJUNATH THE PANCHAYATH DEVELOPMENT OFFICER HONNENAHALLI GRAMA PANCHAYATH SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT

...ACCUSED

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA PRAYING TO INITIATE SUO-MOTU CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR WILFUL DISOBEDIENCE OF THE ORDERS DATED 13.08.2019 AND 24.01.2020 PASSED IN W.P.NO.55870/2018 UNDER THE CONTEMPT OF COURTS ACT, 1971 AND TO PUNISH HIM IN ACCORDANCE WITH LAW.

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

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

The petitioners have filed the present petition as a public

interest litigation, inter alia , praying as under:-

"Issue a writ of mandamus or any other appropriate writ and direct the respondents Nos.1 to 6 to consider the Annexure-J and K and evict the respondent Nos.7 to 9 from encroached area as shown in the Annexure-A sketch and pass appropriate order as deem fit by this Hon'ble Court under the facts and circumstances of the case."

The petitioners have also annexed a sketch (Annexure-A),

setting out the areas, which were encroached upon by respondent Nos.7 to 9.

This Court, on 13.08.2019, passed the following order:

"The learned counsel appearing for the sixth respondent states that respondent No.8 has filed a civil suit in which interim injunction has been granted. However, he states that the entire process as against respondent Nos.7 and 9 will be undertaken and will be taken its logical end within a period of one month from today."

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However, respondent No.6 did not take any further steps.

In view of the above, on 06.02.2020, this Court passed the

following order:

"The order dated 13^th August 2019 reads thus:

“The learned counsel appearing for the sixth respondent states that respondent No.8 has filed a civil suit in which interim injunction has been granted. However, he states that the entire process as against respondent Nos.7 and 9 will be undertaken and will be taken its logical end within a period of one month from today.“

(underline supplied)

After 13^th August 2019, the petition appeared in he cause list at least on three occasions.

On 24^th January 2020, following order was passed:

“Perused the order dated 13^th August 2019. The sixth respondent has not complied with the assurance recorded in the order dated 13^th August 2019. Though on 18^th December 2019 time was granted by way of indulgence till today, the compliance is not yet reported.

We, therefore, direct the sixth respondent to personally remain present on the next date i.e. on 6th February 2020. If compliance is not reported on that date, action under the Contempt of Courts Act, 1971 will be initiated against the said officer for committing breach of the undertaking given to this Court.”

(underline supplied)

Accordingly, the sixth respondent is personally present in the Court today. He has filed statement of

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objections in which, he has given no explanation about the non-compliance of the assurance given by him to the Court which is in fact an undertaking given to the Court. He has described as to how the eighth respondent has filed a civil suit. However, an undertaking given to the Court was not in respect of the eighth respondent at all. He has relied upon the correspondence made with the police which is of 15^th March 2019. The assurance given by him was on 13^th August 2019. Thereafter, till today, he has not taken any steps. Even if we assume that what is stated in the statement of objections is correct, it is obvious that the sixth respondent is prima facie guilty of disobedience of the undertaking given by him which is recorded in the order dated 13^th August 2019. Therefore, prima facie , the sixth respondent has committed civil contempt.

We, accordingly, direct the Registrar General to file a suo motu contempt petition against the sixth respondent whose name and address is as under:

Sri D. R. Manjunath

The Panchayath Development Officer Honnenahalli Grama Panchayath Sompura Hobli, Nelamangala Taluk Bengaluru Rural District

The contempt petition shall be listed before the First Court under the caption of ‘orders’ on 25^th February 2020.

The Principal Secretary, Rural and Panchayath Raj Department is also made as a party to the petition. The learned AGA shall take instructions from the first respondent and state before the Court on the next date what action is proposed to be taken against the sixth respondent.

Even this petition shall be listed along with the contempt petition."

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Thereafter, respondent No.6 had filed an application stating that on inspection, it was found that respondent No.7 had encroached gram tana land to the extent of 0.4 ¼ guntas and respondent No.9 had encroached the land to the extent of 0.1 ¼ guntas. It is further stated that necessary steps were taken for removal of the encroachment and the lands encroached upon by respondent Nos.7 and 9 were recovered. However, the land encroached upon by respondent No.8 was not recovered at the material time in view of an interim order passed in Civil Suit No.O.S.33/2019.

Respondent No.6 is present in Court.

The learned counsel appearing for respondent No.6 submits that the said suit was subsequently dismissed and the land encroached upon by respondent No.8 is also recovered.

In view of the above, the prayer made in the petition is addressed and no further orders are required to be passed in the said petition. The same is disposed of.

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In view of the above, the contempt (CCC No.162/2020) is

also closed.

Pending application stands disposed of.

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

Sd/(C.M. POONACHA) JUDGE

KPS List No.: 1 Sl No.: 2