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CCC No. 637 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
THE HON'BLE MRS. JUSTICE K. S. HEMALEKHA
CIVIL CONTEMPT PETITION NO. 637 OF 2021
BETWEEN:
1.
SMT. PRAMODA DEVI WADIYAR,
W/O LATE SRI SRIKANTADATTA
NARASIMHARAJA WADIYAR,
AGED ABOUT 67 YEARS,
R/AT F-1, MYSORE PALACE,
MYSORE-570001.
…COMPLAINANT
(BY SRI JAYAKUMAR S. PATIL, SENIOR COUNSEL A/W
SRI S. RAJENDRA, ADVOCATE)
AND:
1.
SRI TUSHAR GIRI NATH,
PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
M.S.BUILDING, BENGALURU-560001.
2.
SRI BAGADE GOUTHAM,
DEPUTY COMMISSIONER,
MYSORE DISTRICT, MYSORE-570001.
3.
SRI RAKSHITH K. R.,
THE TAHASILDAR,
MYSORE TALUK, MYSORE-570001.
…ACCUSED
(BY SRI KIRAN KUMAR, HCGP)
Digitally signed
by USHA
NAGENAHALLI
SHANMUKHAPPA
Location: High
Court of
Karnataka
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CCC No. 637 of 2021
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 BY THE COMPLAINANT
PRAYING TO INITIATE PROCEEDINGS FOR CONTEMPT AGAINST
THE
RESPONDENTS/ACCUSED
FOR
DISOBEDIENCE
OF
DIRECTIONS GIVEN IN CLAUSE (b) AND (c) OF THE ORDER
DATED 19.06.2020 PASSED BY THIS COURT IN W.P.NO.22658-
662/2015
AND
CONNECTED
CASES
IN
PARTICULARLY
W.P.NO.25592/2015 PRODUCED AT ANNEXURE-A.
THIS CCC COMING ON FOR ORDERS THIS DAY,
B.VEERAPPA J., MADE THE FOLLOWING:
The complainants have filed the present contempt
petition under the provisions of Sections 11 and 12 of the
Contempt of Courts Act to initiate contempt proceedings
against accused for having willfully disobeyed the order, dated
19.6.2020, passed in W.P.No. 22658-662/2015 and connected
cases particularly in W.P.No.25592/2015 by the learned Single
Judge of this Court, directing the Revenue Authorities/Municipal
Authorities to consider making appropriate entries in the name
of the complainant upon representations being made in
accordance with law and as per the applicable procedure, in
light of the findings made in the order.
2. Since the said order passed by the learned Single
Judge has not been complied with and has attained finality, the
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appeal filed by the State before the Hon'ble Supreme Court
came to be dismissed.
3. In response to the notice issued, the State
Government filed compliance affidavits on so many occasions
and as this Court was not satisfied with the way in which the
compliance affidavits are filed by State Government, ultimately
a compliance affidavit dated 17.1.2023 along with Annexures-
R1 to 8 is filed specifically stating at paragraphs 6 to 9 as
under:
"6. I state that in compliance of the Order
dated 19.06.2020 pertaining to Paragraph II
(a) and (d) i.e., the entries pertaining to name
of the 'Government' and 'B Kharab entry' in
the RTC extract in respect of the land bearing
Sy. No.39 of Chowdahalli Village, Kasaba Hobli,
Mysore Taluk, measuring in an extent of
259.27 Acres; Survey No.41 of Alanahalli
Village, Kasaba Hobli, Mysore Taluk, measuring
in an extent of 173.37 Acres and Survey No.4
of Kurubarahalli Village, Kasaba Hobli, Mysore
Taluk, measuring in an extent of 1541.31 Acres
have been deleted as per MR No.T2/2021-22,
T3/2021-22 dated 11.08.2021 and T2/2021-22
dated
23.09.2021
respectively.
The
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photocopies of the Mutation Registrar Extracts
are produced as Annexures-R1, R2 & and; R3
respectively.
7. I state that in pursuance of the aforesaid
Mutation Order, the RTC extract of land bearing
Survey No.39 of Chowdahalli Village, Kasaba
Hobli, Mysore Taluk; Survey No.41 of Alanahalli
Village, Kasaba Hobli, Mysore Taluk and Survey
No.4 of Kurubarahalli Village, Kasaba Hobli,
Mysore Taluk, are rectified. The photocopies of
the RTC extract in respect of the aforesaid
lands for the year 2015 and 2021 are produced
as ANNEXURES-R4, R5 & and; R6 series
respectively.
Hence,
the
direction
dated
19.06.2020 at Para II (a) and (d) are complied.
Regarding Para II (b) and (c) of the order
dated 19.06.2020
8. I state that the Complainant had given
representation dated 05.08.2020, 14.08.2020,
02.08.2021 and the said representation was
considered and the endorsement has been
issued to the Complainant. The Photocopies of
the Endorsement is produced as ANNEXURES-
R7 respectively. As such, the direction dated
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19.06.2020 at Para II (b) and (c) in respect of
Complainant is complied with..
9. I most respectfully submit that subsequent
to the aforementioned contentions being raised
in
the
Affidavit
dated
22.09.2022,
the
Complainant
has
given
one
more
representation to our Office on 06.12.2022 The
said representation was also considered in
accordance with law and a Show-Cause-Notice
has dated 11.01.2023. Copy of the said Show-
Cause-Notice dated 11.01.2023 is herewith
produced and marked as Annexure-R8."
4. In turn, a rejoinder to the compliance affidavit has
been filed by the complainant contending that instead of
complying with the order, the accused have issued an
endorsement which is nothing but a contempt and thereby this
Court has to frame the charge against the accused.
5. We have heard Sri Jayakumar S. Patil, learned Senior
Counsel along with Sri S. Rajendra, learned Counsel for the
complainant and Sri Kiran Kumar, learned High Court
Government Pleader for the accused-State.
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6. Sri Jayakumar S. Patil, learned Senior Counsel for the
complainant pointed out from the ve