Karnataka High Court
Muralidharrao Since Deceased Through ... vs Subhash And Ors on 4 June, 2024
-1-
NC: 2024:KHC-K:3586-DB
CCC No.200232 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
CIVIL CONTEMPT PETITION NO.200232 OF 2023
BETWEEN:
MURALIDHARRAO
S/O BAPURAO PATKI,
SINCE DECEASED, THROUGH HIS LR
SMT. SULBHA
D/O LATE MURALIDHAR RAO PATKI,
AGE: 73 YEARS,
OCC: RETIRED TEACHER,
R/O H.NO.LIG 22, VIJAY NAGAR,
HOUSING BOARD ALAND COLONY,
KALABURAGI - 585 103.
Digitally signed by ...COMPLAINANT
BASALINGAPPA
SHIVARAJ
DHUTTARGAON
Location: High
(BY SRI. ANAND V.TURE, ADVOCATE)
Court Of Karnataka
AND:
1. SRI. SUBHASH JADHAV
S/O HANMANTRAO JADHAV,
AGE: ABOUT 74 YEARS,
OCC: AGRICULTURE AND REAL ESTATE,
R/O: H.NO.11-120/1,
S.B. TEMPLE ROAD,
BEHIND RAGHAVENDRA MUTT,
BRAHMPUR,
KALABURAGI - 585 103.
-2-
NC: 2024:KHC-K:3586-DB
CCC No.200232 of 2023
2. LAXMIBAI
W/O SUBHASH JADHAV,
AGE: ABOUT 68 YEARS,
OCC: HOUSEHOLD,
R/O : H.NO.11-120/1,
S.B. TEMPLE ROAD,
BEHIND RAGHAVENDRA MUTT,
BRAHMPUR,
KALABURAGI - 585 103.
3. SANTOSH
S/O SUBHASH JADHAV,
AGE: ABOUT 46 YEARS,
OCC: BUSINESS & AGRICULTURE,
R/O: H.NO.11-120/1,
S.B. TEMPLE ROAD,
BEHIND RAGHAVENDRA MUTT,
BRAHMPUR,
KALABURAGI - 585 103.
4. ANITA
W/O RAMCHANDRA CHAVAN AND
D/O SUBHASH JADHAV,
AGE: ABOUT 68 YEARS,
OCC: HOUSEHOLD,
R/O: H.NO.11-120/1,
S.B. TEMPLE ROAD,
BEHIND RAGHAVENDRA MUTT,
BRAHMPUR,
KALABURAGI - 585 103.
5. SRI. B.SRIKANTH
AGE: MAJOR,
OCC: ADDL. SENIOR SUB REGISTRAR,
OFFICE OF THE SUB REGISTRAR,
KALABURAGI TALUKA,
MINI VIDHANA SOUDHA,
KALABURAGI - 585 102.
6. SRI. CHANDRAKANT SHIKARI
AGE: MAJOR,
OCC: SENIOR SUB REGISTRAR,
-3-
NC: 2024:KHC-K:3586-DB
CCC No.200232 of 2023
OFFICE OF THE SUB REGISTRAR,
KALABURAGI TALUKA,
MINI VIDHANA SOUDHA,
KALABURAGI - 585 102.
7. THE DEPUTY COMMISSIONER
KALABURAGI DISTRICT,
KALABURAGI - 585 102.
8. THE INSPECTOR GENERAL OF REGISTRATION
AND COMMISSIONER OF STAMPS,
KANDAYA BHAVAN,
8TH FLOOR, K.G. ROAD,
BENGALURU - 560 009.
...ACCUSED
9. THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF KARNATAKA,
REVENUE DEPARTMENT,
MS BUILDING,
BENGALURU-560 001.
...PROFORMA PARTY
(BY SRI. AMEETH KUMAR DESHPANDE, SENIOR COUNSEL FOR
SRI. ANANTH S.JAHAGIRDAR, SRI. GANESH S. KALBURGI
AND SRI. DESHPANDE G.V., ADVOCATES FOR R1 TO R4;
SRI. MALLIKARJUN C. BASAREDDY, GOVT. ADV. FOR R5
TO R9)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT
PROCEEDINGS AGAINST THE RESPONDENT NO.1 TO 6 FOR
EXECUTING ILLEGAL SALE DEEDS, BY DISOBEYING THE
JUDGMENT / ORDER DATED 13.02.2023 PASSED BY THIS
HON'BLE COURT IN W.A.NO.200170/2021 VIDE ANNEXURE-B
HEREIN ABOVE, IN THE INTEREST OF JUSTICE AND EQUITY.
-4-
NC: 2024:KHC-K:3586-DB
CCC No.200232 of 2023
THIS CCC COMING ON FOR ORDERS THIS DAY,
ASHOK S. KINAGI J., MADE THE FOLLOWING:
ORDER
As the contempt petition is arising out of the order
passed in W.P.No.206413/2016 dated 07.04.2021 wherein
the learned Single Judge allowed the writ petition,
quashed Annexure-A and remitted the matter to the
respondent Nos.1 and 2/State to examine the entire issue
whether the compensation was received by both the
petitioner and respondent No.7 on the acquisition of
respective lands; the Government Order dated 28.07.1993
directing to return of the land to the original owner is to be
acted upon; the land was granted to the respondent No.7
on an application after the death of respondent No.7
alleged to have been signed by the father of respondent
No.7; and to hold a detail inquiry, hear both the petitioner
and respondent No.7, examine the record in its entirety
and then pass appropriate orders in accordance with law
within six months from the date of receipt of copy of the
order.
NC: 2024:KHC-K:3586-DB
2. The petitioner as well as respondent No.7 being
aggrieved by the order passed by the learned Single
Judge, preferred writ appeals in W.A.Nos.200170/2021
C/w W.A.No.200100/2021 and 200127/2021. The Co-
ordinate Bench of this Court vide order dated 13.02.2023
disposed of the said writ appeals.
3. The respondent No.8 aggrieved by the order
passed by the Division Bench in the aforesaid writ appeals,
preferred Special Leave Petition in SLP (C) Nos.15669-
15671/2023 before the Hon'ble Apex Court. The Honb'le
Apex Court vide order dated 04.08.2023 passed an order
of status quo as on the date of 04.08.2023.
4. Sri Ameet Kumar Deshpande, the learned
Senior Counsel appearing for the respondent Nos.1 to 4
produced a copy of the computer generated order sheet of
the Hon'ble Apex Court in the aforesaid Special Leave
petition stating that the said Special Leave Petition is
pending and the interim order granted by the Hon'ble
Apex Court is in force. Hence, in view of the order passed
NC: 2024:KHC-K:3586-DB
by the Hon'ble Apex Court dated 04.08.2023 and taking
note that the special leave petition is pending, at present,
the contempt petition does not survive for consideration.
5. In the light of the above, the contempt petition
is disposed of for the time being with liberty to the
complainant to revive this order, if the aforesaid Special
Leave petition is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
BL
Ct;Vk
