IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 9^TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO.200237 OF 2024 BETWEEN:

1. SMT. LAXMI W/O LATE SAYABANNA, AGE: 46 YEARS, OCC: HOUSEHOLD, R/O SHETTIKERA CHANNAPPANA DODDI VILLAGE, TQ. SHAHAPUR, DIST. YADGIRI-585223.

2. BHIMANNA S/O LATE SAYABANNA, AGE: 28 YEARS, OCC: AGRICULTURE, R/O SHETTIKERA CHANNAPPANA DODDI VILLAGE, TQ. SHAHAPUR, DIST. YADGIRI-585223.

3. TIRUPATI S/O LATE SAYABANNA, AGE: 28 YEARS, OCC: STUDENT, R/O SHETTIKERA CHANNAPPANA DODDI VILLAGE, R/O H.NO.1-8-84, NOW AT CHAKRATTA, TQ. SHAHAPUR, DIST. YADGIRI-585223.

…COMPLAINANTS (BY SRI. V. K. NAYAK, ADVOCATE)

AND:

1. PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, THE GOVERNMENT OF KARNATAKA AMBEDKAR BEEDI, M.S. BUILDING, BENGALURU-560001 ….PROFARMA PARTY

2. HANUMAPPA SAJJAN ASSISTANT COMMISSIONER, YADGIRI, DIST. YADGIRI-585223.

3. SRI. BHIMANNA S/O CHANDAPPA MARATHI, AGE: MAJOR, OCC: AGRICULTURE, R/O VANADURGA VILLAGE, TQ. SHAHAPUR, DIST.YADGIRI-585223.

…ACCUSED (BY SRI. MALLIKARJUN C. BASAREDDY, GA FOR R/A-1 AND R/A-2;

SRI. KRUPA SAGAR PATIL, ADVOCATE FOR R/A-3)

THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, READ WITH ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURT ACT AGAINST THE ACCUSED NO.2/ RESPONDENT FOR HIS DELIBERATE DISOBEDIENCE TO THE ORDER DATED 19-09-2024 PASSED IN WP NO. 202485/2024.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL)

This contempt petition is filed alleging wilful disobedience of the order dated 19.09.2024 passed in W.P.No.202485/2024 by the learned Single Judge of this Court. The operative portion of the said order reads as under:

“8. In that view of the matter, I do not find any merit in the above petition. Hence I direct respondent No.2 to carry out Phodi Durasti and Hudbust proceedings for the entire survey number by issuing notice to all the owners of the sub-numbers in Survey No.132 of Channur K village, Gogi Hobli, taluk Shahapur in respect of each of the its sub-numbers on the basis of the documents furnished by each of the claimants, the petition stand disposed.”

2. The learned Government Advocate has filed a memo dated 08.04.2025 and along with the memo he has produced the copy of the interim order dated 18.12.2024 passed in W.P.No.203746/2024 and submits that in view of the operation of the interim order in the aforesaid writ petition, the authorities are unable to continue with the survey.

3. In view of the said submission and the interim order in operation, the present contempt petition is dropped with a liberty to the petitioners/complainants to file contempt petition, if need arises after the disposal of the aforesaid writ petition.

Sd/-

(K NATARAJAN)

JUDGE Sd/-

(VIJAYKUMAR A. PATIL)

JUDGE MCR List No.: 1 Sl No.: 9 CT:SI