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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

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