Karnataka High Court
Shri. H Krishnappa vs Shri. Mohan Kumar C on 10 February, 2025
-1-
NC: 2025:KHC:5864-DB
CCC No. 1067 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
CCC NO. 1067 OF 2024 (CIVIL)
BETWEEN:
1. SHRI H KRISHNAPPA
S/O LATE HANUMAIAH
AGED ABOUT 71 YEARS
R/AT UDDICHIKKANAHALLI
MADURAI HOBLI
DODDABALLAPURA TALUK
BENGALURU RURAL DISTRICT - 561 203
...COMPLAINANT
(BY SRI S. HIMA KIRANA, ADVOCATE FOR
SRI PRAKASH TIMMANNA HEBBAR, ADVOCATE)
Digitally AND:
signed by
AMBIKA H B 1. SHRI. MOHAN KUMAR C
Location: THE ASSISTANT DIRECTOR OF
High Court
of Karnataka LAND RECORDS
DODDABALLAPLURA DIVISION
OFFICE OF THE TAHASILDAR
DODDABALLAPURA TALUK
BENGALURU RURAL DISTRICT - 561 203
2. SMT. VIDYA VIBHA RATHOD
THE TAHASILDAR OF LAND RECORDS
DODDABALLAPURA DIVISION
OFFICE OF THE TAHASILDAR
DODDABALLAPURA TALUK
BENGALURU RURAL DISTRICT - 561 203
...ACCUSED
-2-
NC: 2025:KHC:5864-DB
CCC No. 1067 of 2024
3. THE STATE OF KARNATAKA
REVENUE DEPARTMENT
M.S.BUILDING, 5TH FLOOR
DR. AMBEDKAR ROAD
BENGALURU - 560 001
...PRO FORMA RESPONDENT
(BY SMT. PRAMODHINI KISHAN, AGA)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF
CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA, PRAYING TO IMPOSE SUITABLE
PUNISHMENT TO THE ACCUSED NO1 AND 2 FOR WILLFULLY
VIOLATING THE ORDER DATED 04.01.2024 PASSED BY THIS
HONBLE COURT IN WP NO.25848/2023 (KLR-RS), AS PER
ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
The directions of learned Single Judge in order dated
04.01.2024 while disposing of the writ petition pertain to requiring
respondent No.2-Assistant Director of Land Records to complete
the proceedings of conducting phodi and preparing 11E sketch,
etc., read as under,
"Consequently, the writ petition stands
disposed of with a specific direction to
respondent No.2-Assistant Director of Land
NC: 2025:KHC:5864-DB
Records, Doddaballapura Sub Division, to
consider the representation dated 25.05.2022 at
Annexure-A given by the petitioner for
preparation and issue of 11 E sketch. The
Assistant Director of Land Records shall issue
the 11E sketch as expeditiously as possible and
at any rate within a period of four weeks from
the date of receipt of a copy of this order. The
writ petitioner shall thereafter furnish the
certified copy of the decree passed by the
competent Court along with the 11E sketch to
the Tahsildar and the Tahsildar shall thereafter
proceed to consider the representation for
mutation in the land records and pass necessary
orders as expeditiously as possible and at any
rate within a period of four weeks from the date
when the certified copy of the decree and the
11E sketch is furnished by the petitioner to the
Tahsildar."
2. A representation was made by the petitioner dated
25.09.2020 making the grievance in the above regard. The
representation involved eight cases of different survey numbers
situated at Uddichikkanahalli Village and Kenjiganahalli Village.
3. When the present proceedings came up for consideration
today, learned Additional Government Advocate Smt. Pramodhini
Kishan produced the tabular details showing the progress done in
six cases in light of the directions issued by learned Single Judge.
NC: 2025:KHC:5864-DB
3.1 The tabular details are reproduced herein,
SUR
APPLICATION
TALUK HOBALI VILLAGE VEY REMARKS
NO.
NO.
21020924483107 DODDABALLAPURA MADHURE UDDICHIKKANAHALLI 4 PODI DONE
21021224271217 DODDABALLAPURA MADHURE UDDICHIKKANAHALLI 10/1 PODI DONE
21020324667200 DODDABALLAPURA MADHURE UDDICHIKKANAHALLI 42/1 STAY IN AC
COURT
21020324683960 DODDABALLAPURA MADHURE KENJUGANAHALLI 75/1 SKETCH
ISSUED
21020125443003 DODDABALLAPURA MADHURE UDDICHIKKANAHALLI 4/4 NEW
APPLICATION
21020125442908 DODDABALLAPURA MADHURE UDDICHIKKANAHALLI 10/7
IN PROCESS
3.2 The above details show that in two cases, phodi is already
done whereas, in one case 11E Sketch is also issued. In two
cases, similar applications are made which are already under
process. One case is indicated where it is shown that stay is
granted.
4. When learned Additional Government Advocate produced
copy of the stay, it transpired that the stay granted in case of
Survey No.42/1 in question was to the extent of restraining the
defendants from alienating or encumbering the property. It would
not per se prevent the authorities from conducting phodi and
preparing 11E sketch. The competent authority is already in the
process of complying with the directions of learned Single Judge.
5. The present contempt petition could be disposed of in view of
the substantial progress done, by issuing following directions,
NC: 2025:KHC:5864-DB
(i) In the cases of Survey Nos.4 and 10/1, phodi is done, the
rest of the formalities leading to mutation of the entry shall be
completed within four weeks from the date of receipt of the certified
copy of this order.
(ii) In respect of land Survey No.75/1 where the 11E is already
issued, the mutation shall take place within three weeks from the
date of receipt of the certified copy of this order.
(iii) Where new applications are in process which are in respect
of Survey Nos.4/4 and 10/7, the exercise shall be completed within
eight weeks from the date of receipt of the certified copy of this
order.
(iv) In respect of Survey No.42/1 in the proceedings of Original
Suit No.192 of 2025 whereby the defendants are restrained from
alienating or encumbering the subject matter of the proceedings,
the mutation shall be carried out within six weeks from the date of
receipt of the certificate copy of the order.
(v) The mutation shall be carried out but it will be indicated that
the mutation is subject to the outcome of the proceedings of
Original Suit No.192 of 2025.
NC: 2025:KHC:5864-DB
6. At this stage, learned advocate for the complainant stated
that the representation also mentioned other survey numbers which
were 2, 5, 14 and 18 in respect of which process is not undertaken
by the authorities. In this regard, it is stated by learned Additional
Government Advocate, upon instructions, that in respect of the said
survey numbers, no applications are moved by the petitioner.
Learned Additional Government Advocate further stated that if the
applications are made, necessary action will be taken in light of the
directions of learned Single Judge in accordance with law and the
exercise shall be completed within a period of twelve weeks.
7. With the aforesaid directions and observations, the contempt
petition is disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
