Karnataka High Court
Sri C Nagaraju vs Mr Vijayakumar R on 9 January, 2025
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CCC No. 822 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
CCC NO. 822 OF 2024 (CIVIL)
BETWEEN:
1. SRI C NAGARAJU
S/O CHIKKAHANUMMAIAH
AGED ABOUT 67 YEARS
R/O KADABAGERE VILLAGE
DASANAPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU 562 130.
...COMPLAINANT
Digitally (BY SRI. K V SATEESHCHANDRA, ADVOCATE)
signed by H
K HEMA
Location: AND:
High Court
of Karnataka
1. MR VIJAYAKUMAR R
THE TAHSILDAR
BENGALURU NORTH TALUK
KANDAYA BHAVAN
DISTRIC OFFICE ROAD
AMBEDKAR VEEDHI
SAMAPANGI RAMA NAGAR
BENGALURU 560 009.
...ACCUSED
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CCC No. 822 of 2024
2. STATE OF KARNATKA
BY ITS SECRETARY
DEPARTMENT OF REVNEUE
VIDHANA SOUDHA
BENGALURU 560 001.
...PROFORMA RESPONDENT
(BY SMT. PRAMODHINI KISHAN, AGA)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971, BY THE
COMPLAINANT, WHEREIN PRAYS THAT THE HONBLE COURT
MAY BE PLEASED TO SECURE THE ACCUSED INITIATE
CONTMEPT PROCEEDINGS FOR NON-COMPLIANCE OF THE
ORDER DATED 18.04.2024 PASSED IN WP NO.3566/2024 (KLR-
RES) VIDE ANNEXURE-A AND PUNISH THE ACCUSED IN
ACCORDANCE WITH THE CONTEMPT OF COURT ACT, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CCC No. 822 of 2024
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)
Following were the directions in the order dated 18.04.2024
passed by learned Single Judge,
"5. In the meanwhile, if the petitioner approaches the
Tahsildar, seeking continuation of his name in the
computerized Pahani, the Tahsildar shall consider the claim
of the petitioner for continuation of his name in the
computerized pahani. The Tahsildar shall not decline to
consider the claim of the petitioner on the ground that no
grant was made in favour of the petitioner. If the Tahsildar is
of such opinion, then he may move the competent authority
to invoke the suo-motu powers under Section 136(3) of the
Act which is also akin to the orders passed by this Court in
W.P.Nos.144908-909/2013. If such action is to be initiated it
shall be initiated within a period of one month from the date
when which the petitioner approached the Tahsildar seeking
revenue entries. If suo-motu proceedings are not initiated
within such period, the Tahsildar shall proceed to enter the
name of the petitioner in the land records and in the
computerized pahani without waiting any further. Such entry
shall be made by the Tahsildar within a period of one month
from the date when which the representation is given by the
petitioner."
2. As per the directions, the competent authority was
permitted to invoke the suo motu powers under Section 136(3) of
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the Karnataka Land Revenue Act, 1964 in relation to the claim of
the petitioner for entering his name in the computerized pahani. It
was provided that the suo motu proceedings are not initiated within
one month from the date the petitioner approaches the Tahsildar
seeking revenue entries, the name of the petitioner shall be
entered in the computerized pahani.
3. Today when the contempt petition came up for
consideration, the factum is admitted that the competent authority
has already initiated suo motu proceedings as contemplated in the
aforesaid directions.
4. Once the suo motu proceedings are initiated, in the
view of the Court, the contempt proceedings would not survive as
the directions are substantially complied with and that the authority
has acted in the direction of the compliance.
5. It was sought to be submitted by learned advocate
Mr. K.V. Sateeshchandra for the complainant that the suo motu
proceedings were initiated after expiry of a period of one year. He
further relied on the order passed by this Court in Writ Petition
Nos.144908-909 of 2013. He submitted that since there was delay
in initiating the suo motu proceedings, the complainant
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automatically became entitled to get his name entered in the land
records.
6. Responding to the above aspect, learned Additional
Government Advocate Smt. Pramodhini Kishan submitted that
mere delay of few days in initiating the suo motu proceedings
would not automatically invest the complainant with a right to have
his name entered in the revenue records. It was further submitted
that it was due to the code of conduct in operation in view of the
parliamentary elections that the officials could not attend to the
immediate compliance of the order. The explanation is plausible
and liable to be accepted.
7. Even otherwise, once the suo motu proceedings are
initiated, the contempt is purged and further rights would accrue for
the complainant only upon the outcome of the proceedings which
are initiated. The contempt proceedings are closed as not surviving
as the orders are complied with.
Learned advocate for the complainant, at this stage, requests
that time limit may be fixed for completion of the proceedings.
Fixing time limit for competition of the suo motu proceedings
is not within the domain of the contempt jurisdiction. However, it is
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expected that the authority shall act expeditiously to decide the
same.
SD/-
(N. V. ANJARIA)
CHIEF JUSTICE
SD/-
(M.I.ARUN)
JUDGE
PGG
