Pundalikappa S/O Shivappa ... vs M Gangappa
2022 Latest Caselaw 7799 Kant

                                                  -1-




                                                           CCC No. 100065 of 2022


                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                 DATED THIS THE 31ST DAY OF MAY, 2022

                                               PRESENT
                                THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
                                                 AND
                                THE HON'BLE MR JUSTICE P.KRISHNA BHAT
                              CIVIL CONTEMPT PETITION NO. 100065 OF 2022
                      BETWEEN:
                      1.    PUNDALIKAPPA
                            S/O SHIVAPPA UDDANNAVAR
                            AGE: 59 YEARS, OCC. AGRICULTURE,
                            R/O. HAGANUR VILLAGE, TQ. BADAMI,
                            DIST. BAGALKOT-587103.
                                                                  ...COMPLAINANT
                      (BY SRI. LINGRAJ MARADI, ADVOCATE)

                      AND:
                      1.    M GANGAPPA
                            THE LAND ACQUISITION OFFICER
                            AND ASSISTANT COMMISSIONER
                            BAGALKOT-587103.

                      2.    THE STATE OF KARNATAKA
                            REP BY ITS SECRETARY
                            M.S.BUILDING
                            BENGALURU-560001.
         Digitally
                                                                      ...ACCUSED
         signed by
         VINAYAKA
         BV           (BY SRI VINAYAK V. S., HCGP FOR ACCUSED NO.2;
VINAYAKA Location:
BV       DHARWAD        ACCUSED NO.1 SERVED)
         Date:
         2022.06.02
         12:38:09
         +0530             CCC IS FILED UNDER SECTION 11 AND 12 OF THE
                      CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
                      CONSTITUTION OF INDIA, 1950, PRAYING THIS HON'BLE
                      COURT TO INTIATE THE CONTEMPT PROCEEDINGS AND
                      PUNISH THE ACCUSED PERSONS HEREIN FOR WILLFUL
                      DISOBEDIENCE OF JUDGMENT AND AWARD DATED 06.01.2020
                                 -2-




                                         CCC No. 100065 of 2022


PASSED IN MFA NO.101050/2014 (LAC), IN THE INTEREST OF
JUSTICE AND EQUITY.

    THIS CCC COMING ON FOR ORDERS,                      THIS   DAY
KRISHNA S. DIXIT J., PASSED FOLLOWING;

                              ORDER

Through this contempt proceeding, the complainant seeks to

enforce the Judgment & Award rendered by a Co-ordinate Bench

of this Court in MFA No.101087/2014 and connected matters

disposed off on 06.01.2020. We are not that sure as to whether

instead of resorting to execution proceedings to execute an award,

a contempt proceeding could be maintained for enforcing the

award in question. We are also not much impressed by the reliance

of learned counsel for the complainant on the decision of the Apex

Court in Contempt Petition (C) No.940/2021 between Urban

Infrastructure Real Estate Fund Vs. Dharmesh S. Jain and Anr.

disposed off on 10.03.2022 either, the facts thereof being miles

away from those in the contempt petition. Be that as it may.

2. The presence of respondent No.1 Smt. Shweta M.

Beedikar, Assistant Commissioner, Bagalkote is noted. Learned

High Court Government Pleader Sri Vinayaka V. S., appearing for

accused No.2 echoes the above view and submits that the award

CCC No. 100065 of 2022

in question would be given effect to within a period of 3 weeks,

subject of to all just exceptions. On instructions, the High Court

Government Pleader appearing for the accused No.2 has made the

above submission.

In view of the above, the contempt proceedings are dropped

for the time being with liberty to the complainant to seek their

revival, if compliance is not done.

Costs made easy.

Sd/-

JUDGE

Sd/-

JUDGE

SSP/RH