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2025 Supreme(Kar) 527

IN THE HIGH COURT of KARNATAKA AT BENGALURU 
S.G. Pandit, T.M.Nadaf, JJ.
Sri Devaraju, S/O Late Maraiah - Petitioner
Versus
The Commissioner Department of Survey Settlement And Land Records – Respondent
Writ Petition No.21358 of 2021, Writ Petition No.21372 of 2021, Writ Petition No.21605 of 2021, Writ Petition No.21620 of 2021, Writ Petition No.21647 of 2021, Writ Petition No.22455 of 2021, Writ Petition No.22545 of 2021
Decided On : 13-06-2025

Advocates:
Advocate Appeared:
For the Petitioner:Sri. Satish K, Advocate
For the Respondent: Sri. S.R.Khamroz Khan, AGA

Officials are not liable for actions taken in compliance with court orders, and penalizing them based on compliance is an abuse of process.

Headnote:(A) Karnataka Land Revenue Act, 1964 - Section 192A - Departmental enquiry initiated against survey personnel based on allegations of misconduct in land surveying, prompted by court-ordered action in prior writ petitions - The High Court quashed the orders of the Karnataka State Administrative Tribunal, stating that the petitioners acted to comply with court directives. (Paras 20, 23)

(B) Contempt Proceedings - The act of implementing court orders, even under pressure, cannot be construed as misconduct - The court emphasized that the petitioners could not be penalized for following judicial instructions. (Paras 21, 23)

Facts of the case:
The petitioners were survey officials implicated in a departmental enquiry due to allegations of encumbering government land after a court order mandated surveying and issuance of land revenue documents. A report recommending action against the petitioners prompted the enquiry.

Findings of Court:
The Court held that the initiation of departmental proceedings was impermissible as it stemmed from actions taken to comply with judicial orders, and quashed the related proceedings.

Issues: The main issues included the validity of the departmental enquiry based on adherence to court orders and the implications of alleged misconduct under Section 192A of the Karnataka Land Revenue Act.

Ratio Decidendi: The court concluded that penalizing officials performing their duties to implement court orders would constitute an abuse of process and that they acted within their jurisdiction.

Result: Writ petitions are allowed and the common order of the Tribunal is quashed.

Table of Content
1. overview of the writ petitions (Para 1 , 2 , 3)
2. reliefs sought by petitioners (Para 4 , 5 , 6 , 7 , 8 , 9 , 10)
3. facts leading to charges (Para 11 , 12 , 13 , 14 , 15 , 16)
4. computation of contempt proceedings (Para 17 , 18 , 19)
5. arguments against initiation of proceedings (Para 20 , 21)
6. court’s findings and conclusion (Para 22 , 23 , 24)

ORDER :

T.M.NADAF, J.

Though these writ petitions are listed for preliminary hearing in ‘B’ group, with the consent of learned counsel for the parties, taken up for final disposal.

2. The petitioner in Writ Petition No.21358/2021 is applicant in Application Nos.4946 and 4947/2021, the petitioner in W.P.No.21372/2021 is applicant in Application Nos.4938 and 4939/2021, the petitioner in W.P.No.21605/2021 is the applicant in Application Nos.4942 and 4943/2021, the petitioner in W.P.No.21620/2021 is the applicant in Application Nos.4936 and 4937/2021, the petitioner in W.P.No.21647/2021 is the applicant in Application Nos.4944 and 4945/2021, the petitioner in W.P.No.22455/2021 is applicant in Application Nos.4934 and 4935/2021 and the petitioner in W.P.No.22545/2021 is applicant in Application Nos.4940 and 4941/2021.

3. All the applications stated supra are considered together and dismissed by a common order dated 18.11.2021 by the Karnataka State Administrative Tribunal, Bengaluru, (‘the Tribunal’, for short), challenged in these writ petitions.

4. The petitioner in W.P.No.21358/2021 – Sri.Devaraju, working as Survey Supervisor preferred Application Nos.4946 and 4947/2021 before the Tribunal for the following reliefs:-

“a) CALL for records from the Respondent pertaining to the impugned Articles of Charge dated 05/10/2021 (Annexure - A20) as well as impugned Order dated 07/10/2021 (Annexure - A21);

b) ISSUE WRIT OR ORDER quashing the impugned Articles of Charge dated 05/10/2021 bearing No. SSLR/ADM/15011/100/2021 issued by the Respondent (Annexure-A20) and the impugned Order dated 07/10/2021 bearing No. SSLR / ADM-15011 / 100 /2021 passed by the Respondent (Annexure - A21), in so far as posting the Applicant as Survey Superintendent (Executive), office of the Assistant Director of Land Records, Sringeri is concerned, in the interest of justice and equity;

c) PASS any other Order including the cost of this Application, in the interest of justice and equity.”

5. The petitioner in W.P.No.21372/2021 – Sri.M.S.Abhinandan Kumar, working as Survey Supervisor preferred Application Nos.4938 and 4939/2021 before the Tribunal for the following reliefs:-

“a) CALL for records from the Respondent pertaining to the impugned Articles of Charge dated 05/10/2021 (Annexure- A22) as well as impugned Order dated 07/10/2021 (Annexure- A23);

b) ISSUE WRIT OR ORDER quashing the impugned Articles of Charge dated 05/10/2021 bearing No. SSLR/ ADM/15011/100/2021 issued by the Respondent (Annexure - A22) and the impugned Order dated 07/10/2021 bearing No. SSLR/ADM-15011/100/2021 passed by the Respondent (Annexure A23), in so far as posting the Applicant as Survey Supervisor, Office of the Assistant Director of Land Records, Bellary is concerned, in the interest of justice and equity;

c) PASS any other Order including the cost of this Application, in the interest of justice and equity.”

6. The petitioner in W.P.No.21605/2021 – Sri.Toufiq Ahmed Shariff G.H., working as Surveyor preferred Application Nos.4942 and 4943/2021 before the Tribunal for the following reliefs:-

“a) CALL for records from the Respondent pertaining to the impugned Articles of Charge dated 05/10/2021 (Annexure- A21) as well as impugned Order dated 07/10/2021 (Annexure- A22);

b) ISSUE WRIT OR ORDER quashing the impugned Articles of Charge dated 05/10/2021 bearing No. SSLR/ ADM/15011/100/2021 issued by the Respondent (Annexure - A21) and the impugned Order dated 07/10/2021 bearing No. SSLR/ADM15011/100/2021 passed by the Respondent (Annexure A22), in so far as posting the Applicant as Surveyor, Office of the Assistant Director of Land Records, Yad

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