The complainant is before this Court alleging disobedience

of the interim order passed in W.P. No. 102563/2021 wherein

this Court directed to maintain statusquo in respect of the

property bearing sy. No. 317/1 measuring 3 acres 4 guntas

situated at Panchanayakanahatti village, Gokak Galuk, Belagavi

district.

We have heard Sri Shriharsh A. Neelopant, learned counsel

for the complainant and perused the entire petition papers.

Learned counsel for the complainant would submit that the

complainant was before this court praying for a writ of

3

mandamus directing the respondents No.1 to 3 not to construct

road on the petition property bearing sy. No. 317/1 measuring 3

acres 4 guntas situated at Panchanayakanahatti village, Gokak

Galuk, Belagavi district, without obtaining due process of law

and direct the respondent No.1 to consider representation of the

petitioner. Further, the complainant-petitioner had prayed for

an interim order directing the respondents No.2 to 3 therein to

stop construction work in the petition property. While ordering

notice this Court had passed interim order as stated above.

It is the contention of the learned counsel for the

complainant that during subsistence of an interim order of

statusquo the respondent-authorities have issued notice dated

08.12.2021 (Annexure-G) proposing to survey the petition land

and directed the complainant to be present on the date of

survey. It is the submission of the learned counsel for the

complainant that when the order of statusquo is in subsistence,

the respondent authorities could not have taken the survey work

which amounts to clear violation of interim order passed by this

Court. Learned counsel also submits that subsequent to passing

4

of the interim order of statusquo the respondent authorities have

changed the RTC on 03.09.2021 deleting the name of the

petitioner and entering name of the respondent Corporation.

Thus, it is his submission that there is clear violation of interim

order passed by this Court.

On hearing the learned counsel and on perusal of the writ

petition papers we are of the view that there is no disobedience

of the order passed by this Court, as submitted by the learned

counsel for the complainant.

6.

This Court passed interim order on 23.07.2021 directing

the parties to maintain statusquo with regard to petition

property bearing sy. No. 317/1 measuring 3 acres 4 guntas

situated at Panchanayakanahatti village, Gokak Galuk, Belagavi

district.

7.

The

petitioner

has

sought

interim

prayer

against

respondents No.2 and 3 to stop construction of the road work in

the petition property. The interim order of statusquo is in

relation to construction of road work and it would not relate to

5

either with regard to survey or change of RTC. It is not the case

of the petitioner that the petitioner had sought interim prayer

not to effect change in the RTC or not to conduct survey of the

land in question.

8.

When this Court has passed statusquo taking note of the

interim prayer of the petitioner, that is not to stop construction

work of the road, we are of the opinion that there is no

deliberate or willful contempt by the respondent authorities in

issuing survey notice or change in the RTC. Moreover, it is not

the case of the complainant that the respondents are forming

road even after passing of the interim order of statusquo.

For the reasons recorded above, at present we are of the

view that there is no disobedience so as to initiate contempt

proceedings. Accordingly, petition is dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

bvv