Karnataka High Court
Sri. Maranna vs Smt. Dhanalakshmi on 24 February, 2022
Bench: B.Veerappa, M G Uma
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH 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.560/2021 (CIVIL)
BETWEEN:
1. SRI. MARANNA
S/O LATE MAYANNA
AGED ABOUT 80 YEARS
R/A NO.111, DR. RAJKUAMR ROAD
4TH BLOCK, RAJAJINAGAR
BENGALURU
2. SMT. LAKSHMAMMA
W/O LATE B M BYRAPPA
AGED ABOUT 78 YEARS
R/A NO.1011, DR. RAJKUMAR ROAD
4TH BLOCK, RAJAJINAGAR
BENGALURU
3. SMT. ANASUYA
W/O LATE B V NAGARAJU
AGED ABOUT 69 YEARS
NO.53/11, K. GOPAL BUILDINGS
2ND A MAIN ROAD, L N PURAM
BENGALURU - 560 021
...COMPLAINANTS
(BY SRI: V. LAKSHMINARAYANA, SENIOR COUNSEL FOR
SMT: ANUSHA .L, ADVOCATE)
2
AND:
1. SMT. DHANALAKSHMI
THE SPECIAL TAHSILDAR
BENGALURU NORTH TALUK OFFICE
BENGALURU - 560 009
2. SMT. VARSHA WODEYAR
THE SPECIAL TAHSILDAR (CURRENT)
BENGALURU NORTH TALUK OFFICE
BENGALURU - 560 009
....ACCUSED
(BY SRI: Y.R. SADASIVA REDDY, SENIOR COUNSEL FOR
SRI: RAHUL S. REDDY FOR A2)
THIS CCC IS FILED UNDER SECTION 10 OF THE CONTEMPT
OF COURTS ACT, READ WITH ARTICLE 2(1)(5) OF THE
CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT
PROCEEDING UNDER SECTION 10 OF CONTEMPT OF COURTS ACT,
1971 FOR WILLFUL DELIBERATE AND INTENTIONAL DISOBEDIENCE
AS THE RESPONDENT HAVE NOT COMPLIED WITH THE ORDER
DATED 24.02.2021 PASSED IN W.P.NO.2902/2021 (ANNEXURE-A)
AND FURTHER DIRECT THE RESPONDENTS TO IMPLEMENT THE
DIRECTION OF THIS HON'BLE COURT AND PASS ANY APPROPRIATE
DIRECTIONS OR ORDERS IN THE CIRCUMSTANCES OF THE CASE
INCLUDING THE ORDERS TO CAUSE.
THIS CCC COMING ON FOR TRIAL THIS DAY, B.VEERAPPA
J., PASSED THE FOLLOWING:
ORDER
The present civil contempt petition is filed by the
complainants against the accused under Sections 11 and 12 of
the Contempt of Courts Act, for their willful disobedience of
the order passed by the learned Single Judge dated
24.02.2021 made in Writ Petition No.2902 of 2021, wherein
the learned Single Judge disposed of the writ petition directing
respondent No.3 - Tahsildar to implement the order of the
Assistant Commissioner/respondent No.2 dated 30.05.2018
read with order of the Tahsildar dated 16.07.2014 and
directions of this Court dated 20.02.2017, within a period of 2
months from the date of receipt of this order.
2. Since the accused have violated the order passed
by the learned Single Judge, the complainants were forced to
file the contempt proceedings on 26.07.2021.
3. This Court has passed detailed order on
13.01.2022 on framing of charge. Thereafter, the State
Government had issued a separate Circular dated 31.01.2022
and thereafter, by the order dated 20.01.2022, this Court
observed that on careful perusal of the RTC of the year 2021-
22 at Column No.12(2) (Mungaaru), it is shown as 'Sarkari
Karabu'. Once the judgment and decree dated 18.03.2002
passed by the Civil Court is passed declaring that the
complainants are the owners, unless it is set aside, the name
of 'Sarkari Karabu' should not have been shown, even though
in Column No.9 of RTC, it is rightly stated that against the
judgment and decree dated 16.03.2002, the State
Government has filed RA No.136 of 2021 and the entries
would be subject to the result of the said appeal. The said
aspect of the matter has already been considered by this
Court.
4. When the matter was posted on 10.02.2022, this
Court directed the learned Government Advocate to get
instructions from the Commissioner, Survey Settlement and
Land Records, Bhoomi Monitoring Cell, K R Circle, Bengaluru,
as to whether column No.12 of the RTC reflects for the full
year and also 'Sarkari karabu' now reflected in column
No.12(2) of the RTC automatically deletes as per the present
standard software system, after the agricultural year. So, the
entries as 'Sarkari karabu' stands automatically cancelled in
the month of July 2022.
5. Sri.Kiran Kumar, learned High Court Government
Pleader, on instructions, submits that in view of the provisions
of Section 2(25) of the Karnataka Land Revenue Act, "revenue
year" means the year commencing on the first day of July.
6. In view of the above, we hope and trust that by
the end of July, 2022 the entries of 'Sarkari karabu' stands
automatically cancelled as stated by the learned High Court
Government Pleader and also stated in the compliance
affidavit filed by the Tahsildar before this Court. Hence, the
order passed by the Trial Court in the original suit and the
order passed by this Court on four occasions have been
complied with.
7. In view of the above, we pass the following:
ORDER
The civil contempt petition is hereby dropped.
It is made clear that the Circular dated 31.01.2022
issued by the Government shall not apply to the peculiar facts
and circumstances of the present case against the present
Tahsildar.
Sd/-
JUDGE
Sd/-
JUDGE
*bgn/-
