IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD C.C.C. NO.1342 OF 2018 (Civil) BETWEEN:
SRI ANJANAPPA K.
SON OF LATE KARIYAPPA, AGED ABOUT 53 YEARS, OCCUPATION : ATTENDER HIGH COURT OF KARNATAKA RESIDENT OF 170/B, 4TH MAIN ROAD, 4TH BLOCK, RAJAJINAGAR, BENGALURU - 560010. ... COMPLAINANT (BY SRI B. RAMESH, ADVOCATE) AND :
1. BASAVARAJ THE TASHILDAR, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522.
2. RAJANNA THE SURVEYOR AND SETTLEMENT OFFICER CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522. ... ACCUSED (BY SRI SHIVAPRABHU S. HIREMATH, A.G.A.) THIS C.C.C. IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON'BLE HIGH COURT BE PLEASED TO INITIATE APPROPRIATE PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER DATED 05.09.2017 PASSED IN WRIT PETITION NO.38162 OF 2017 BY THIS HON'BLE COURT IN NOT CONDUCTING A SURVEY OF THE PROPERTY BEARING SY.NO.9 MEASURING TO AN EXTENT OF 3-00 ACRES SITUATED AT LINGAVVANAHALLI NAYAKANAHATTI GRAMA, CHALLAKERE TALUK, CHITRADURGA DISTRICT BELONGING TO THE COMPLAINANT.
***** THIS C.C.C. COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed on the ground that the order dated 05.09.2017 passed in Writ Petition No.38162 of 2017 by the learned Single Judge has been disobeyed.
2. An affidavit is filed by the Tahsildar tendering his unconditional apology for the delay in complying with the order of the learned Single Judge. The apology is accepted. It is also stated that, based on the report submitted by the Revenue Inspector/Surveyor and also verifying the records it was noticed that the complainant does not possess any land. Therefore, an endorsement has been issued based on the verification of the records. Under these circumstances, we do not find that any contempt has been committed and endorsement has been issued. Therefore, we find no ground to proceed further. Hence, the contempt proceedings are dropped.
Complainant is always at liberty to challenge the order passed by the respondent in the manner known to law.
SD/- SD/-
JUDGE JUDGE hnm