P Lakshmaiah @ Chinnarajappa vs Shivaraj
2022 Latest Caselaw 3018 Kant

Citation : 2022 Latest Caselaw 3018 Kant
Judgement Date : 22 February, 2022

Karnataka High Court

P Lakshmaiah @ Chinnarajappa vs Shivaraj on 22 February, 2022

Bench: B.Veerappa, M G Uma

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    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 22ND 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.976/2021 (CIVIL)
BETWEEN:

P. LAKSHMAIAH @ CHINNARAJAPPA
S/O. LATE. PARASHURAMAIAH
AGED ABOUT 91 YEARS
R/AT SANTHE BEEDI
DOMMASANDRA VILLAGE
SARJAPURA HOBLI, ANEKAL TALUK
BANGALORE URBAN DISTRICT
PIN - 562 106.
                                             ...COMPLAINANT

(BY SRI: VIJAY SHETTY B., ADVOCATE)

AND:

1. SHIVARAJ
   WORKING AS THE TAHASILDAR
   ANEKAL TALUK
   BANGALORE URBAN DISTRICT
   BANGALORE - 562 106.

2. STATE OF KARNATAKA
   REPRESENTED BY THE
   PRINCIPAL SECRETARY
   REVENUE DEPARTMENT
   VIDHANA SOUDHA
   BANGALORE - 560 001

                                                  ...ACCUSED

(BY SRI: KIRAN KUMAR, HCGP)
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      THIS    CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE AND
TAKE CONTEMPT ACTION BY FRAMING THE CHARGE AGAINST THE
ACCUSED       FOR    WILFUL    DISOBEDIENCE          AND    COMMITTING
CONTEMPT OF THE COURT ORDER IN WP NO.17249/2016 (KLR-
RES) DATED 26.07.2021.


      THIS     CCC    COMING     ON        FOR     ORDERS   THIS     DAY,
B.VEERAPPA J., PASSED THE FOLLOWING:


                              ORDER

The complainant has filed the present civil contempt

petition to take action against the accused persons for their

willful disobedience of the order dated 26.07.2021 made in

Writ Petition No.17249 of 2016, wherein, the learned Single

Judge while allowing the petition directed respondent No.5 -

Tahsildar to make entries in terms of the judgment and

decree made in R.A.No.5 of 2003 within eight weeks and

inform the petitioner about the certification of the mutation of

entry, failing which, the Tahsildar shall be personally liable to

pay Rs.2,000/- for delay of every week to the petitioner.

2. Since the accused persons have not complied with

the order passed by the learned Single Judge, the

complainant was forced to file the present civil contempt

petition on 04.12.2021.

3. Even though eight weeks lapsed long back and

there is a delay in compliance by 24 weeks, for which, the

Tahsildar is liable to pay cost of Rs.2,000/- for every week as

per the order passed by the learned Single Judge, but taking

into consideration that the Tahsildar has to pay Rs.48,000/-

for delay of 24 weeks and taking into consideration that the

Tahsildar have complied with the order passed by the learned

Single Judge, we are taking a liberal approach in the present

case. In the peculiar facts and circumstances of the case, we

resist to impose any extra cost by this Court.

4. Sri.Shivaraj, the Tahsildar, Devanalli Taluk,

Bengaluru District, has filed affidavit of compliance dated

22.02.2022 along with Annexures-R1 and R2 and specifically

stated in paras 2 and 3 as under:

"2. I most respectfully submit that in compliance of the order passed by this Hon'ble Court, I have now effected to entry pertaining to the complainant in the relevant Mutation Register and so also the name of the complainant is now being reflected in the RTC. Copies of the Mutation Register and the RTC are produced herewith and marked as Annexure-R1 & R2 respectively.

3. I most respectfully submit that in view of the entries being made in the name of the complainant as per Annexures - R1 & R2, I have now complied with the orders passed by this Hon'ble Court within 8 weeks. The period of 8 weeks comes to an end on 25.09.2021. There is a delay of 18 weeks in complying with the orders passed by this Hon'ble Court and as such, I am liable to pay the cost of RS.36,000/- for delay in complying with the orders passed by this Hon'ble Court, I undertake to pay the same to the complainant within a period of 2 weeks from today."

5. Sri.Kiran Kumar, learned High Court Government

Pleader, on instructions, submits that in the affidavit, instead

of 24 weeks, it is wrongly mentioned as 18 weeks. The

Tahsildar has undertaken that he will pay Rs.48,000/- for

delay of 24 weeks in complying the order passed by this

Court.

6. The said undertaking is taken on record.

7. In view of the above, we pass the following:

ORDER

The civil contempt proceedings is hereby dropped,

since the order passed by the learned Single Judge has been

complied with as per Annexures-R1 and R2.