Smt Muninarayanamma vs Sri Shivappa Lamani
2021 Latest Caselaw 3182 Kant

                             1           CCC 158/2021



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 19TH DAY OF AUGUST, 2021

                       PRESENT

     THE HON'BLE MR.ABHAY S.OKA, CHIEF JUSTICE

                          AND

     THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

              C.C.C NO.158 OF 2021(CIVIL)

BETWEEN:

SMT. MUNINARAYANAMMA
S/O. LATE A.MUNISWAMI
AGED ABOUT 66 YEARS
RESIDENT OF NO.299
DODDATHOGUR VILLAGE
BEGUR HOBLI , ELECTRONIC CITY POST
BENGALURU SOUTH TALUK
BENGALURU - 560 100.
                                       ...COMPLAINANT
(BY SHRI NAIK N.R., ADVOCATE)

AND:

1.     SRI SHIVAPPA LAMANI
       THE TAHSILDAR
       BENGALURU SOUTH TALUK,
       BENGALURU - 560 001.
                                       ... ACCUSED
2.     THE STATE OF KARNATAKA
       BY ITS SECRETARY
       REVENUE DEPARTMENT
       VIDHANA SOUDHA
       BENGALURU - 560 001.
                         ... PROFORMA RESPONDENT NO.2
         (IMPLEADED VIDE COURT ORDER DATED: 17.02.2021)

(BY SHRI. M.V. KIRAN KUMAR, HIGH COURT GOVERNMENT
PLEADER FOR A-1 & FOR PROFORMA RESPONDENT NO.2)
                           ---
                                    2              CCC 158/2021



     THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971, BY THE
COMPLAINANT,     PRAYING   TO   INITIATE   CONTEMPT
PROCEEDING FOR DISOBEYED THE ORDER PASSED IN
W.P.NO.8805/2020 (GM-KLR) DATED 14.08.2020 PRODUCED
AT ANNEXURE-A AS THE ACCUSED AUTHORITIES ARE NOT
COMPLIED THE DIRECTION ISSUED BY THIS HON'BLE
COURT AND PUNISH THEM IN ACCORDANCE WITH LAW
AND ETC.

     THIS CCC COMING ON FOR ORDERS THROUGH VIDEO
CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE
FOLLOWING:

                             ORDER

Heard the learned counsel appearing for the

complainant and the learned Additional Government Advocate

appearing for the accused.

2. The breach alleged is of the order dated 14th August

2020 in the writ petition filed by the complainant in

W.P.No.8805/2020. Paragraph 3 thereof reads thus:

"3. In that view of the matter, this petition stands disposed of with a direction to respondent No.4 - Tahsildar, Bengaluru South Taluk to consider the representation dated 27.05.2020 at Annexure-K and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of three months from today".

3. It is not in dispute that in terms of the said order,

after filing of this petition, on 24th June, 2021, an endorsement 3 CCC 158/2021

was issued by which, the prayer for entering the name in the

revenue records made by the complainant was rejected. The

complainant filed Writ Petition No.13117 of 2021 (KLR-RES)

for challenging the endorsement dated 24th June, 2021. By

the judgment and order dated 27th July, 2021, the learned

Single Judge has quashed and set aside the said

order/endorsement and has remanded the matter for

reconsideration of the accused. In view of these subsequent

events, this is not a fit case where at this stage, an action

under the Contempt of Courts Act, 1971 can be initiated.

Accordingly, the petition is disposed of.

4. In view of the disposal of the petition, I.A.Nos.1

and 2 of 2021 stand disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

DH