IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 7TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE H.P.SANDESH CCC NOS.1607-1608 AND 1740-1741 OF 2017 (CIVIL) BETWEEN:
1. SRI. NARAYANAPPA G.M. WIFE OF MUNISHWAMAPPA AGED ABOUT 86 YEARS.
2. SRI. MUNISWAMIGOWDA SINCE DEAD BY HIS LEGAL REPRESENTATIVES 2A. SMT. CHANDRAKALA WIFE OF LATE MUNISWAMIGOWDA AGED ABOUT 45 YEARS 2B. SRI. VIKAS GOWDA SON OF LATE MUNISWAMIGOWDA AGED ABOUT 23 YEARS 2C. KUMARI HARSITHA GOWDA DAUGHTER OF LATE MUNISWAMIGOWDA AGED ABOUT 21 YEARS ALL ARE RESIDENTS OF BUDIGERE VILLAGE CHANNARAYAPATTANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-560 064 COMPLAINANTS (BY SRI. BASVARAJU P., ADVOCATE) AND:
1. SRI. MANJUNATH B.R. THE TAHASILDAR BENGALURU NORTH (ADDITIONAL) TALUK YELAHANKA NEW CITY BENGALURU-560 001.
2. SRI. MANJUNATH THAVANI ASSISTANT DIRECTOR OF LAND RECORDS BENGALURU NORTH (ADDITIONAL) TALUK YELAHANKA NEW CITY BENGALURU-560 001. ... ACCUSED (BY SRI. SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR ACCUSED NOS.1 & 2) THESE CONTEMPT PETITIONS ARE FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING WILFUL DISOBEDIENCE AND NON-COMPLIANCE OF THE DIRECTION AND ORDER PASSED BY SINGLE JUDGE OF THIS COURT DATED 21.06.2016 IN WRIT PETITION NOS.6656-6657 OF 2016 (KLR-RES) VIDE ANNEXURE-A.
THESE CONTEMPT PETITIONS COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER These contempt petitions are filed on the ground that the order dated 21.06.2016 Passed by the learned Single Judge of this Court in Writ Petition Nos.6656-6657 of 2016 has been disobeyed. In terms of the said order, respondent Nos.5 and 6 therein were directed to consider the representation of the petitioners therein within a period of six months from the date of receipt of certified copy of the order dated 21.06.2016. Since, the same was disobeyed, the instant petitions are filed.
2. A counter affidavit is filed by accused No.1. He has tendered his unconditional apology for the delay in complying with the order passed by the learned Single Judge. In para-5 of the affidavit, it is narrated that some of the grant files are shown to be suspicious and therefore, the Special Deputy Commissioner has initiated proceedings under Section 136(3) of the Karnataka Land Revenue Act. Even then, endorsements were issued to the accused in terms of Annexures-R1 and R2 intimating the legal hurdle in doing the phodi work. That he has also written a letter and official memorandum to the Assistant Director of Land Records to conduct the phodi work. Until and unless there is a clarity with regard to the valid grant and matters of other suspicious nature, the phodi cannot be done.
3. Considering the reasons assigned, the delay in complying with the order of the learned Single Judge is condoned. Based on the affidavit, there are serious disputes with regard to the validity of the grants that have been made. There are serious legal hurdles. Unfortunately, none of these facts were brought to the notice of the learned Single Judge. The order of the learned Single Judge is merely to consider the representation of the petitioners therein.
4. In terms of Annexures-R1 to R4, we are of the view that no contempt would lie. Hence, the contempt petitions are dismissed.
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JUDGE JUDGE ST