Karnataka High Court
Shri M S Jagananth vs Sri.Rajendra Kumar Kataria on 25 November, 2024
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NC: 2024:KHC:47969-DB
CCC No. 1129 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
CCC NO. 1129 OF 2024 (CIVIL)
BETWEEN:
1. SHRI M.S. JAGANNATH
S/O SHRI SRINIVAS
AGED ABOUT 68 YEARS
2. SMT. M.K. KALPANA
W/O M.S. JAGANNATH
AGED ABOUT 54 YEARS
BOTH RESIDING AT
NO.491-40-1, 1ST MAIN
39TH CROSS, JAYANAGAR
8TH BLOCK, BENGALURU - 560 011
...COMPLAINANTS
(BY SRI ASHOK BANNIDNNI, ADVOCATE)
Digitally AND:
signed by
AMBIKA H B 1. SRI RAJENDRA KUMAR KATARIA
PRINCIPAL SECRETARY
Location: REVENUE DEPARTMENT
High Court STATE OF KARNATAKA
of Karnataka M.S. BUILDING
DR. AMBEDKAR VEEDI
BANGALORE - 560 001
2. SRI SANTHOSH
DEPUTY DIRECTOR OF LAND RECORDS
RAMANAGAR DISTRICT
OPPOSITE TO GHOUSIA COLLEGE
OF ENGINEERING
VIJAYANAGAR, RAMANAGARA - 562 159
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NC: 2024:KHC:47969-DB
CCC No. 1129 of 2024
3. SRI SHIVAKUMAR
TAHASILDAR
HAROHALLI TALUK
HAROHALLI - 562 112
4. SRI RAMESH
ASSISTANT DIRECTOR LAND RECORDS
HAROHALLI TALUK
HAROHALLI - 562 112
5. SRI BHARATH
REVENUE INSPECTOR
MARALAVADI HOBLI
MALARALAVADI - 562 121
6. SRI PRABHAKAR
TALUK SURVEYOR
HAROHALLI TALUK
HAROHALLI - 562 112
7. SRI ARJUN
POLICE INSPECTOR
HAROHALLI POLICE STATION
HAROHALLI - 562 112
8. MRS. VIJAYALAKSHMI
PANCHAYATH DEVELOPMENT OFFICER
MARALAVADI GRAMA PANCHAYATH
MARALAVADI - 562 121 ....ACCUSED
9. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BENGALURU - 560 001
...PROFORMA RESPONDENT
(BY SMT. PRAMODHINI KISHAN, AGA)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
CONTEMPT OF COURTS ACT, 1971, PRAYING TO TAKE
COGNIZANCE OF CONTEMPT COMMITTED BY THE ACCUSED FOR
DISOBEYING THE ORDER OF THIS HON'BLE COURT WILLFULLY
AND DELIBERATELY AND NEGLECTED TO COMPLY THE ORDER
WILLFULLY AND DELIBERATELY DISOBEYING THE ORDER
PASSED BY THIS HON'BLE COURT DATED 01.10.2024 PASSED BY
THIS HON'BLE COURT IN WP NO.27169/2024 AT ANNEXURE-A. AND
PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.
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NC: 2024:KHC:47969-DB
CCC No. 1129 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
The order brought under contempt is admittedly an interim
order. The main proceedings of the writ petition are pending at
large. What is directed in the interim order is that the order of
conducting survey and submitting report to the Court will not come
in way of the authorities to remove encroachments.
2. Whatever directions are given in the said order dated
01.10.2024 are interim in nature. The rights of any of the parties
are not finally crystallised.
3. There is no trapping of finality in the order.
4. In the aforesaid view, the Court is not inclined to exercise the
contempt jurisdiction.
5. The contempt petition is accordingly disposed of.
NC: 2024:KHC:47969-DB
The petitioners are at liberty to approach the Court in which
the order is passed and work out their rights and remedies. This
Court has not expressed any opinion on the merits of the case.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
AHB
