Karnataka High Court
Subbanna @ Subbappa @ Subbegowda vs Harshavardhana S K on 15 February, 2022
Bench: B.Veerappa, M G Uma
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON'BLE MRS. JUSTICE M.G. UMA
C.C.C.No.935/2021(CIVIL)
BETWEEN:
SUBBANNA @ SUBBAPPA
@ SUBBEGOWDA
SINCE DEAD BY LRs.
1. SMT. GOWRAMMA
W/O LATE SUBBANNA @
SUBBAPPA
@ SUBBEGOWDA
AGED ABOUT: 82 YEARS
2. S. RAVI
S/O LATE SUBBANNA @
SUBBAPPA
@ SUBBEGOWDA
AGED ABOUT: 60 YEARS
3. S. CHANDRASHEKAR
S/O LATE SUBBANNA @
SUBBAPPA
@ SUBBEGOWDA
AGED ABOUT: 60 YEARS
4. S. SAVITHA
D/O LATE SUBBANNA @
2
SUBBAPPA
@ SUBBEGOWDA
AGED ABOUT: 53 YEARS
5. S. SUNITHA
D/O LATE SUBBANNA @
SUBBAPPA
@ SUBBEGOWDA
AGED ABOUT: 50 YEARS
6. SMT. JAYAMMA
W/O LATE PUTTASWAMY
AGED ABOUT: 82 YEARS
7. D. SATISH
S/O LATE P. DEVARAJU
& GRANDSON OF LATE
PUTTASWAMY
AGED ABOUT: 41 YEARS
8. GURUCHARAN B @ CHARU
S/O LATE P. BASAVARAJU
& GRANDSON OF LATE
PUTTASWAMY
AGED ABOUT: 33 YEARS
9. RAVIKIRAN B @ KIRAN
S/O LATE P. BASAVARAJU
& GRANDSON OF LATE
PUTTASWAMY
AGED ABOUT: 31 YEARS
ALL ARE R/AT: #4597,
4TH CROSS, ST. MARY'S ROAD,
N.R. MOHALLA,
MYSORE - 570 007
...COMPLAINANTS
(BY SRI G. BALAKRISHNA SHASTRY, ADVOCATE)
3
AND:
HARSHAVARDHANA S.K.
THE SPECIAL LAND
ACQUISITION OFFICER,
MYSORE URBAN
DEVELOPMENT AUTHORITY
J.L.B. ROAD, MYSORE
...ACCUSED
(BY SRI. T.P. VIVEKANANDA, ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, READ WITH ARTICLE 215
OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT
PRAYING TO TAKE COGNIZANCE AND INITIATE
PROCEEDINGS AGAINST THE ACCUSED FOR HAVING
COMMITTED CONTEMPT OF THE ORDER OF THIS HON'BLE
COURT DATED 23.03.2021 IN WP NO.53100/2017 PRODUCED
AT ANNEXURE - A AND PUNISH THE ACCUSED FOR THE
DISOBEDIENCE AS WELL AS DIRECT THE ACCUSED TO PASS
AN AWARD BY RE-DETERMINING THE COMPENSATION AS
PER THE JUDGMENT OF THE 1 ADDL. CIVIL JUDGE (SR. DVN.)
MYSURU DATED 01.03.2010 IN LAC NO.42/2005.
THIS CCC COMING ON FOR ORDERS THIS DAY,
B.VEERAPPA J., PASSED THE FOLLOWING:
4
ORDER
The complainants have filed the present civil contempt
petition to take action against the accused under the
provisions of Sections 11 and 12 of the Contempt of Courts
Act, 1971 read with Article 215 of the Constitution of India,
for willful disobedience of the order passed by the learned
Single Judge of this Court vide order dated 23.03.2021 in
W.P.No.53100/2017, wherein the learned Single Judge, while
disposing of the writ petition, directed the accused-MUDA to
consider and pass appropriate orders on the applications
dated 16.05.2010 and 12.02.2013 filed by the petitioners
therein under Section 28-A(1) of the Land Acquisition Act,
1894, in accordance with law, within a period of four months
from the date of receipt of copy of the order. Since the
impugned order was not complied, the complainants were
forced to file the present civil contempt petition on
24.11.2021.
2. This Court issued notice to the respondent on
03.01.2022. Subsequently, accused/respondent was served
but unrepresented. Thereafter, Sri. T.P.Vivekananda, learned
counsel undertakes to file power for the accused and to file
reply. Placing his submission on record, two weeks time was
granted to file reply. When the matter came up before the
Court on 08.02.2022, on the request made by learned counsel
Sri. T.P.Vivekananda, again a week's time was granted to
report compliance.
3. Today, Sri. T.P.Vivekananda, learned counsel for
the accused has filed a compliance affidavit of the Special
Land Acquisition Officer, Mysuru Urban Development
Authority, wherein, it has been specifically stated at
paragraphs - 7, 8 and 9, which reads as under:
"7. I submit that immediately on receipt of notice
in the above Contempt Petition, I have issued
notice of the enquiry on 21.01.2022 fixing the date
of enquiry as 24.01.2022. On behalf of the
complainant learned counsel has appeared and was
adjourned to 01.02.2022 again the enquiry was
conducted on 07.02.2022 and the matter was
adjourned to 10.02.2022 and thereafter, it was
posted for Orders on 11.02.2022 and I have passed
an order considering the application filed by the
complainant under section 28-A(1) of the Land
Acquisition Act re-determining the compensation in
terms of the award of the Civil Court which was
relied upon by the Complainants. The Copy of
Order dated 11.02.2022 is produced herewith and
marked as ANNEXURE-R1.
8. I submit that the for not bringing to my
notice the direction issued by this Hon'ble Court,
notices have been issued to the officials concerned
and they are also warned not to repeat the same
mistake again. In addition, taking note of the
circular dated 31.01.2022 issued by the State
Government, an office order dated 10.02.2022 has
also been issued directing adherence of the time
limit stipulated for compliance of the order passed
by this Hon'ble Court. Copy of the same is
produced herewith and marked as R2.
9. I submit that though there is a delay in
compliance of order however the same is due to
bonafide reasons explained above and not
intentional or willful. I submit that since the order
passed by this Hon'ble Court has been complied
with, I respectfully pray that further proceedings in
the above Contempt of Court Case may kindly be
dropped".
4. Learned counsel for the accused submits that the
Special Land Acquisition Officer, MUDA has complied with the
impugned order by passing the order in favour of the
complainants. The delay of four months in complying with the
impugned order is explained in the compliance affidavit.
Therefore, imposition of cost for the said delay shall be
waived.
5. Sri. G.Balakrishna Shastry, learned counsel for the
complainants submit that though the impugned order has
been complied by the accused, the same has been complied
belatedly by issuing award on 11.02.2022 and his clients are
not happy with the said award and seeks liberty to challenge
the award in accordance with law. His submission is placed on
record.
6. In view of the above, we pass the following:
ORDER
(i) The civil contempt proceedings are
hereby dropped.
(ii) However, it is needless to observe that
it is always open for the
complainants/land losers to challenge
the award passed on 11.02.2022, if
they are so advised in accordance with
law.
Sd/-
JUDGE
Sd/-
JUDGE
SMJ
