Sri Srinivasa Devaru Temple vs Mr Siddesh
2024 Latest Caselaw 25368 Kant

Karnataka High Court

Sri Srinivasa Devaru Temple vs Mr Siddesh on 24 October, 2024

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                                                 NC: 2024:KHC:42946-DB
                                                   CCC No. 629 of 2024




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 24TH DAY OF OCTOBER, 2024

                                     PRESENT
                   THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
                                       AND
                      THE HON'BLE MR. JUSTICE K. V. ARAVIND
                            CCC NO. 629 OF 2024 (CIVIL)
            BETWEEN:

            1.   SRI SRINIVASA DEVARU TEMPLE
                 TUMKUR,
                 REP. BY ITS VAHIVATDAR AND
                 ARCHAK (PUROHIT),
                 T. S. VENKATAKRISHNA,
                 S/O. T. N. SATYANARAYANAPPA,
                 AGED ABOUT 72 YEARS,
                 R/AT NO. 50, 3RD FLOOR,
                 B-4, GOKUL APARTMENTS,
                 SRIRAMPURAM,
                 BENGALURU - 560 021.

Digitally
signed by                                             ...COMPLAINANT
AMBIKA H B (BY SRI S. THYAGARAJA, ADVOCATE
Location:      SRI T.G. MARKANDAIAH, ADVOCATE)
High Court
of Karnataka
            AND:

            1.   MR. SIDDESH
                 THE TAHSILDAR,
                 TUMKUR TALUK,
                 TUMKUR - 572 101.
                                                      ...ACCUSED
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                                     NC: 2024:KHC:42946-DB
                                       CCC No. 629 of 2024




2.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS CHIEF SECRETARY,
     VIDHANA SOUDHA,
     DR. AMBEDKAR VEEDHI,
     BENGALURU - 560 001.
                                  ...PRO FORMA RESPONDENT


(BY SMT. PRAMODHINI KISHAN, AGA)

      THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF

THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE

CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT

PROCEEDINGS      AGAINST    THE   ACCUSED   FOR   HAVING

DELIBERATELY AND WILLFULLY DISOBEYED OF THE ORDER

PASSED BY THIS HON'BLE COURT IN W.P. NO.22213/2021 AS

PER ANNEXURE-D DATED 06.12.2021 AND PUNISH THE

ACCUSED IN ACCORDANCE WITH LAW BY ALLOWING THIS

CONTEMPT PETITION WITH EXEMPLARY COTS AND TO PASS

APPROPRIATE SUITABLE ORDERS AND ETC.


      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS MADE THEREIN AS UNDER:
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                                            NC: 2024:KHC:42946-DB
                                             CCC No. 629 of 2024




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)

Heard learned advocate Mr. S. Thyagaraja for learned

advocate Mr. T.G Markandaiah for the complainant and learned

Additional Government Advocate Smt. Pramodhini Kishan who

has appeared upon service of copy of the petition in advance.

2. While disposing of Writ petition No.22213 of 2021 on

06.12.2021, learned Single Judge passed the following

directions,

"this Writ Petition is disposed off directing the respondent to consider the representation of the petitioner dated 09.02.2021 and pass appropriate orders in accordance with law. It is needless to mention that the respondent shall reconsider the case including the continuance of 'Siddhartha Education Society' whose name appears in column No.9 of the RTC in respect of the land in question."

NC: 2024:KHC:42946-DB

2.1. The directions were required to be complied within six

months.

3. When the contempt petition filed alleging the

non-compliance of above directions, came up today for

consideration, learned Additional Government Advocate

submitted that the directions in the order are already complied

with.

3.1. She invited attention of the Court to the compliance

affidavit filed by the Tahsildar of Tumkur Taluka, Tumkur

District dated 23.08.2024.

4. It is stated in the affidavit on oath that after the order of

learned Single Judge, the documents were verified,

representation of the complainant was considered and the

endorsement dated 19.08.2024 was issued. It was stated that

the revenue entries in RTC were entered in name of the

complainant after considering the representations pursuing to

the orders of the Court.

5. The endorsement dated 19.08.2024 deciding the

representations as above is produced on record.

NC: 2024:KHC:42946-DB

6. In view of the above, the directions are complied with and

an allegation of contempt does not survive. Not only that, it

may be stated that the deponent has highlighted the further

development in the compliance affidavit stating inter alia that

one Siddhartha Education Society filed appeal before the

Assistant Commissioner in respect of the RTC entered in the

name of the complainant as above and that the Assistant

Commissioner has passed order dated 09.09.2022 to enter the

revenue entries in the name of said Siddhartha Education

Society. Be that as it may.

7. Nothing survives in the present contempt proceedings.

They are disposed of as not surviving.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE

CR