Karnataka High Court
Sri. P. Kotresh vs Mr. Siddarameshwar on 31 July, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
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CCC No. 100040 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 31ST DAY OF JULY, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
CIVIL CONTEMPT PETITION NO. 100040 OF 2023
BETWEEN:
1. SRI. P.KOTRESH @ SRI. P.KOTTUR BASAPPA,
S/O. LATE P. GURUBASAPPA,
AGED ABOUT 63 YEARS,
R/O: KHB COLONY, KOTTUR ROAD,
HARAPANAHALLI-583 131,
VIJAYANAGARA DISTRICT.
2. SRI. P.DODDABASAPPA S/O. LATE P. GURUBASAPPA,
AGED ABOUT 55 YEARS, R/O: KHB COLONY,
KOTTUR ROAD, HARAPANAHALLI OF
VIJAYANAGARA DISTRICT.
...COMPLAINANTS
(BY SRI. VEERESH R.BUDIHAL, ADVOCATE)
AND:
Digitally signed
by JAGADISH T R
Location: HIGH
1. MR. SIDDARAMESHWAR,
COURT OF
KARNATAKA
S/O. NOT KNOWN TO THE COMPLAINANTS,
Date: 2023.08.03
15:20:21 +0530
AGE: MAJOR (EXACT AGE NOT KNOWN
TO THE COMPLAINANTS),
ASSISTANT COMMISSIONER &
CHAIRMAN OF THE LAND TRIBUNAL,
OFFICE OF THE A.C., HOSAPETE-583 201,
TQ AND DIST: VIJAYANAGARA.
2. MR. MANOHAR GUPTA,
S/O. NOT KNOWN TO THE COMPLAINANTS,
AGE: MAJOR(EXACT AGE NOT KNOWN
TO THE COMPLAINANTS),
MEMBER OF THE LAND TRIBUNAL,
HOSAPETE, OFFICE OF THE A.C.,
HOSAPETE-583 201,
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CCC No. 100040 of 2023
TQ AND DIST: VIJAYANAGARA.
3. MR. V.RAVI,
S/O. NOT KNOWN TO THE COMPLAINANTS,
MEMBER OF THE LAND TRIBUNAL,
HOSAPETE, OFFICE OF THE A.C.,
HOSAPETE-583 201,
TQ AND DIST: VIJAYANAGARA.
4. MR. PARTHASARATHI,
S/O. NOT KNOWN TO THE COMPLAINANTS,
AGE: MAJOR(EXACT AGE NOT KNOWN
TO THE COMPLAINANTS),
MEMBER OF THE LAND TRIBUNAL,
HOSAPETE, OFFICE OF THE A.C.,
HOSAPETE-583 201,
TQ AND DIST: VIJAYANAGARA.
5. MR. YERISWAMY,
S/O. NOT KNOWN TO THE COMPLAINANTS,
AGE: MAJOR(EXACT AGE NOT KNOWN
TO THE COMPLAINANTS),
MEMBER OF THE LAND TRIBUNAL,
HOSAPETE, OFFICE OF THE A.C.,
HOSAPETE-583 201,
TQ AND DIST: VIJAYANAGARA.
6. THE GOVERNMENT OF KARNATAKA,
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
M.S.BUILDINGS, BENGALURU-560 001.
...ACCUSED
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
CONSTITUTION OF INDIA, 1950, PLEASED TO EXERCISE ITS
JURISDICTION UNDER SECTION, 12 OF THE CONTEMPT OF COURTS
ACT AND TO, INITIATE CONTEMPT PROCEEDINGS AGAINST THE
ACCUSED NO.1 TO 5 HEREIN FOR THEIR WILLFUL DISOBEDIENCE
OF ORDER DATED 29.11.2012 PASSED BY THE LEARNED SINGLE
JUDGE IN W.P.NO.71771/2012 AND OF THE ORDER DATED
11.12.2012 PASSED BY THE HON'BLE DIVISION BENCH OF THIS
HON BLE COURT IN WRIT APPEAL NO.31345/2012, IN THE INTEREST
OF JUSTICE, SUCH OTHER ORDERS AS FOUND NECESSARY IN THE
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CCC No. 100040 of 2023
FACTS AND CIRCUMSTANCES OF THE CASE MAY ALSO KINDLY BE
PASSED IN THE INTEREST OF JUSTICE AND FAIR-PLAY.
THIS CONTEMPT PETITION COMING ON FOR ORDERS, THIS
DAY, S.R.KRISHNA KUMAR J., PASSED THE FOLLOWING:
ORDER
In this complaint, the complainants seek following relief:
To initiate contempt proceedings against accused
Nos.1 to 5 herein for their willful disobedience of the
order dated 29.11.2012 passed by learned Single
Judge in WP No.71771/2012 and the order dated
11.12.2012 passed by Hon'ble Division Bench of this
Court in WA No.31345/2012, in the interest of
justice. Such other orders as found necessary in the
facts and circumstances of the case may also kindly
be passed in the interest of justice.
2. Heard the learned counsel for the complainants and
learned Government Advocate for accused.
3. As can be seen from the relief sought in this
contempt petition, the complainants were arrayed as
respondents No.4 and 5 in WP No.71771/2012 filed by
Sannakki Hulugappa and another before this Court. The said
writ petition came to be dismissed by learned Single Judge vide
order dated 29.11.2012. Aggrieved by the same, aforesaid
Sannakki Hulugappa preferred an appeal before the Division
Bench of this Court in WA No.31345/2012, which was also
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CCC No. 100040 of 2023
dismissed vide judgment dated 11.12.2012. The said judgment
passed by this Court has attained finality and become
conclusive and binding upon the parties.
4. It is grievance of the petitioners that despite having
succeeded in the aforesaid writ petition and also writ appeal, in
which complainants were arrayed as respondents No.4 and 5,
accused/respondents herein have not implemented the order
and thereby committed willful disobedience. The said
contention cannot be accepted since the subject matter of the
proceedings in the writ petition and writ appeal was only in
relation to impleadment of subsequent purchaser, which was
allowed by the Tribunal and confirmed by learned Single Judge
as well as co-ordinate Bench of this Court.
5. Under these circumstances, in the absence of there
being any enforceable or implementable of the order passed by
learned Single Judge as well as co-ordinate Bench of this Court,
it cannot be said that the order dated 20.08.2022 passed by
Land Tribunal disposing of proceedings under Form-7 in Case
No.1291/74-75 tantamounts to committing disobedience much
less disobedience of the orders passed by this Court.
Accordingly, we do not find any reason to entertain this
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CCC No. 100040 of 2023
contempt petition and same is liable to be closed and
accordingly, further proceedings in the contempt petition are
hereby dropped.
6. However, liberty is reserved in favour of the
complainants to challenge the aforesaid order dated
20.08.2022 passed by Land Tribunal by taking recourse to such
remedies as available in law. In the event, complainants
challenge the said order within a period of eight weeks from
today, the complainants would be entitled for benefit of Section
14 of the Limitation Act.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
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