Karnataka High Court
Sri Arjun Rao vs K M Mahesh Kumar on 30 January, 2025
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NC: 2025:KHC:4228-DB
CCC No. 857 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
CIVIL CONTEMPT PETITION NO. 857 OF 2024
BETWEEN:
1. SRI ARJUN RAO
S/O LATE VENKOBA RAO
AGED ABOUT 71 YEARS
RESIDING AT NO.678
3RD CROSS, SHIVAJI ROAD
HUSMANIA BLOCK
KALYANAGIRINAGAR
MYSORE-570 019
REPRESENTED BY HIS ATTORNEY
Digitally HOLDER - A.S. RAVI KUMAR.
signed by H
K HEMA
Location:
High Court ...COMPLAINANT
of Karnataka
(BY SRI VIKRAM HUILGOL, SENIOR ADVOCATE
ALONG WITH SRI GIRISHA T.R., ADVOCATE)
AND:
1. K.M. MAHESH KUMAR
S/O MUNIYAPPA
AGED ABOUT 39 YEARS
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CCC No. 857 of 2024
TAHSILDAR
MYSURU TALUK
MYSURU-570 001.
2. LAKSHMIKANTH REDDY G.
S/O SHARASCHANDRA REDDY
THE CHAIRMEN
MISSING FILE RECONSTRUCTION COMMITTEE
MYSORE DISTRICT
MYSORE-570 001.
3. SEEMANTHINI
W/O SANTHOSH
AGED ABOUT 36 YEARS
THE DEPUTY DIRECTOR
OF PROJECT OFFICER
CITY SURVEY, MEMBER OF
MISSING FILE RECONSTRUCTION
COMMITTEE MYSORE DISTRICT
NAZARABAD
MYSORE-570 001.
4. K. RAKSHIT
S/O RAMESH K.H.
AGED ABOUT 34 YEARS
ASSISTANT COMMISSIONER
MYSORE SUB DIVISION
MEMBER OF MISSING FILE
RECONSTRUCTION COMMITTEE
MYSORE DISTRICT
MYSORE-570 001.
...ACCUSED
5. THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY
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CCC No. 857 of 2024
DEPARTMENT OF REVENUE
VIDHANA SOUDHA
BENGALURU-560 001.
...PROFORMA RESPONDENT
(BY SMT. PRAMODHINI KISHAN, AGA)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE
CONTEMPT PROCEEDINGS UNDER THE PROVISIONS OF THE
CONTEMPT OF COURTS ACT AGAINST THE ACCUSED FOR
HAVING DISOBEYED THE ORDER PASSED BY THIS HON'BLE
COURT DATED 26.02.2024 IN CCC NO.40/2023 (CIVIL)
PRODUCED AT ANNEXURE-D AND ORDER DATED 29.09.2022
IN WRIT PETITION NO.19706/2022 (KLR-RR/SUR) PASSED BY
THE LEARNED SINGLE JUDGE AND PUNISH THE ACCUSED
FOR WILLFULLY AND DELIBERATELY DISOBEYING THE
ORDERS PASSED BY THIS HON'BLE COURT AND FURTHER
ENFORCE THE ORDER, IN ACCORDANCE WITH LAW IN THE
INTEREST OF JUSTICE AND EQUITY.
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
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CCC No. 857 of 2024
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned Senior Advocate Mr. Vikram Huilgol assisted
by learned advocate Mr. T.R. Girisha for the complainant and
learned Additional Government Advocate Smt. Pramodhini Kishan
for the respondent State and its authorities.
2. Learned Single Judge while disposing of the writ petition as
per its order dated 29.09.2022 permitted the petitioner to file an
application to the Tahsildar, Mysuru Taluka, who was in turn
directed to consider the application of the petitioner within
stipulated time. The subject matter was regarding conducting of
phodi and durast work in respect of the land in Survey No.181
admeasuring 5 acres situated at Srirampura, Kasaba Hobli, Mysuru
Taluka.
3. It appears that in respect of the said directions, a contempt
proceedings were required to be filed which was CCC No.40 of
2023 which was disposed of by the Division Bench on 26.02.2024
wherein, the complainant was permitted to supply further
documents relating to record of the case to be placed before the
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Missing File Reconstruction Committee since the said documents
were not available. The case of the complainant was directed to be
considered after complainant submits such documents before the
Missing File Reconstruction Committee.
4. In response to the present contempt petition, compliance
affidavit came to be filed and also was filed memo dated
30.01.2025 by learned Additional Government Advocate on behalf
of the State along with which copy of endorsement dated
18.01.2025 passed by the Tahsildar, Mysuru Taluka, Mysuru has
been produced.
5. As per the said endorsement the request of the petitioner to
conduct durast in respect of the land in question came to be
rejected for the reason stated in the endorsement which included
that the documents produced are found to be fake and fabricated.
6. Since the endorsement is passed, contempt petition does not
survive as the directions of learned Single Judge stands complied
with.
7. Accordingly, the contempt petition is disposed of.
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At this stage, learned Senior Counsel wanted the Court to
reserve liberty for the complainant to challenge the aforesaid
endorsement on merits. He further submitted that the complainant
also wants to challenge the proceedings of the meetings.
The liberty on both the course is reserved for the
complainant by instituting appropriate independent proceedings in
that regard, in respect of which however this Court does not
express any opinion on merits.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
PGG
