Karnataka High Court
Smt. Lakshmamma vs Amruth Athresh. H. R on 1 April, 2024
Bench: Chief Justice, Krishna S Dixit
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NC: 2024:KHC:13086-DB
CCC No. 75 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CIVIL CONTEMPT PETITION NO. 75 OF 2024
BETWEEN:
SMT. LAKSHMAMMA,
WIFE OF LATE THIMMARAYAPPA,
AGED ABOUT 71 YEARS,
AND RESIDING AT YANTAGANAHALLI VILLAGE,
KASABA HOBLI, NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT-562 123.
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
...COMPLAINANT
(BY SRI. BYRE GOWDA N., ADVOCATE)
Digitally AND:
signed by
CHETAN B C 1. AMRUTH ATHRESH. H.R.
Location: THASILDAR, TAHASILDAR OFFICE,
HIGH COURT NELAMANGALA TALUK,
OF BENGALURU RURAL DISTRICT-562 123.
KARNATAKA
2. AMRUTH ATHRESH. H.R.
SECRETARY OF THE COMMITTEE FOR
REGULARIZATION OF UNAUTHORIZED
OCCUPATION OF GOVERNMENT LANDS,
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT-562 123.
...ACCUSED
3. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
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NC: 2024:KHC:13086-DB
CCC No. 75 of 2024
ROOM NO. 505, 5TH FLOOR, GATE-3,
M.S. BUILDING, DR.B.R. AMBEDKAR VEEDHI,
BENGALURU-560 001,
REP. BY ITS PRINCIPAL SECRETARY.
...PROFORMA RESPONDENT
(BY SRI.S S MAHENDRA., G.A.)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, PRAYING TO PUNISH THE
NECESSARY ACCUSED FOR THE WILLFUL DISOBEDIENCE OF THE
ORDER DATED 27TH JANUARY 2023 PASSED BY THIS HON'BLE
COURT IN WP NO.1213/2023.
THIS CCC COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Following were the directions contained in the judgment and
order of learned Single Judge dated 27.01.2023,
7. After considering the distance in terms of
the directions given herein above, if it is found that the
land did not fall within the prohibited distance of 18 kms
at the relevant point of time, i.e., 1999-2000, the
Tahisldar shall place the application of the petitioner
before the Committee for regularization of unauthorized
occupation within a period of two months from the date
of receipt of a copy of this order. The Committee shall
consider and pass necessary orders within a period of
two months from the date when the application is
placed by the Tahsildar before the Committee.
2. Thus, the direction is with regard to deciding the application
of the petitioner with regard to the regularization of the
unauthorized occupation. The decision is to be taken by the
Committee for regularization.
NC: 2024:KHC:13086-DB
3. It was stated by learned Government Advocate
Mr.S.S.Mahendra that the Committee for Regularization of the
Unauthorized Occupation is not constituted and not functional. He
however makes statement that within four weeks from the date of
constitution of such Committee, the grievance of the petitioner will
be attended to and the directions will be complied with by deciding
his application.
4. In view of the above statement, the court does not see any
reason to continue with the contempt proceedings. The
respondent-authority shall abide by the statement made by the
counsel.
5. The contempt proceedings are closed at this stage.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
cbc
