IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2017 PRESENT THE HON’BLE MR. JUSTICE B.S. PATIL AND THE HON’BLE MR.JUSTICE ARAVIND KUMAR C.C.C.NOs.1334-36/2017 (CIVIL) BETWEEN:
1. MALLAKKA DAUGHTER OF PATEL MALLA REDDY AND WIFE OF THIMMAIAH, AGED ABOUT 71 YEARS RALLAPALLI, KALYANDURGA TALUK, ANANTHPUR DISTRICT. ANDHRA PRADESH-515001.
2. SANNAMALLAKKA W/O ANJANA REDDY AGED ABOUT 68 YEARS 3. VENKATALAKSHMAMMA W/O ANJANA REDDY AGED ABOUT 66 YEARS COMPLAINANTS 2 AND 3 ARE RESIDING AT BALASAMUDRA VILLAGE PAVAGADA TALUK TUMKUR DISTRICT-570 141.
...COMPLAINANTS (BY SRI.ABHINAY Y.T FOR SRI. N.S.SANJAY GOWDA, ADVOCATES) AND:
SRI. VENKATESH MURTHY ASSISTANT COMMISSIONER THE LAND TRIBUNAL, BY ITS CHAIRMAN PAVAGADA TALUK PAVAGADA, TUMKUR DISTRICT-570 141.
(BY SRI.D.NAGARAJ, AGA ADVOCATE) ... ACCUSED THIS CCC IS FILED UNDER SECTION 11 & 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO PUNISH THE ACCUSED HEREIN FOR WILLFULLY DISOBEYING THE ORDER PASSED BY THIS HON’BLE COURT ON 12.04.2016 PASSED IN W.P.NO.17313/2016.
THIS CCC COMING ON FOR ORDERS THIS DAY, B.S.PATIL J., DELIVERED THE FOLLOWING:
O R D E R Grievance made by the complainant in these contempt petitions is as regards alleged violation of direction issued by learned Single Judge on 12.04.2016 in W.P.No.17313/2016. The learned Single Judge has issued a direction to the Land Tribunal, Pavagada, represented by its Chairman (Assistant Commissioner, Madhugiri) to pass orders in the pending proceedings in accordance with law expeditiously at any rate within a period of four (4) weeks from the date of receipt of certified copy of the order.
2. In response to notice issued, the Assistant Commissioner, who is the Chairman of Land Tribunal, Pavagada, is present before the Court. Learned AGA appearing for respondent files counter affidavit and submits that due to several factors, which were beyond the control of respondent he could not ensure that matter was disposed of by the Tribunal. It is principally contended in paragraph 4 of the reply submitted that Dr.Venkateshaiah, who has been arrayed as party- respondent in these petitions, had assumed charge as Assistant Commissioner, Madhugiri, only on 03.05.2017 and he had learnt about the order on 19.07.2017: thereafter, he has initiated steps to ensure that matter is taken up by the Tribunal for expeditious disposal. Learned AGA further submits that having due regard to various facts and circumstances, four (4) months time may be finally granted and respondent will ensure that matter pending before the Tribunal is finally disposed of.
3. We are satisfied about the explanation offered by the learned AGA. We find that there is no deliberate or willful disobedience of the direction issued. We are also convinced with the request made for four (4) months time to dispose of the matter, which is just and proper in the facts and circumstances of the case.
4. Hence, placing on record the submission made by the learned AGA based on the instructions given by the respondent, we dispose of these contempt petitions on the assurance given to the Court that the matter pending before the Land Tribunal, Pavagada, would be disposed of within four (4) months from today. Accordingly, contempt proceedings are dropped.
SD/- JUDGE SD/- JUDGE DR