Karnataka High Court
K.C.Medappa vs Venkataraju on 17 March, 2025
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NC: 2025:KHC:10955-DB
CCC No. 274 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
CIVIL CONTEMPT PETITION NO. 274 OF 2024
BETWEEN:
1. K.C. MEDAPPA
S/O LATE CARIAPPA
AGED ABOUT 86 YEARS
LAKKUNDA ESTATE, P.B.NO.9
KUTTA, KODAGU - 571 250.
...COMPLAINANT
(BY SMT. P.C. VINITHA, ADVOCATE)
AND:
Digitally signed 1. VENKATARAJU
by H K HEMA
THE DEPUTY COMMISSIONER
Location: HIGH
COURT OF KODAGU DISTRICT
KARNATAKA
MADIKERI - 571 201.
2. HARSHA KUMAR CHIKKANARAGUNDA
THE DEPUTY CONSERVATOR OF FOREST
AND DIRECTOR OF NAGARAHOLE
NATIONAL PARK, HUNSUR - 571 105.
3. KUMARI ANUSHA
THE ASSISTANT CONSERVATOR OF FOREST
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NC: 2025:KHC:10955-DB
CCC No. 274 of 2024
NAGARAHOLE
KODAGU - 571 250.
4. MAHAMOOD ZEESHAN
THE RANGE FOREST OFFICER
OFFICE OF THE RANGE FOREST OFFICER
NAGARAHOLE
KUTTA POST - 571 250
KODAGU.
...ACCUSED
5. STATE OF KARNATAKA
REVENUE DEPARTMENT
M.S. BUILDING
BENGALURU - 560 001
REP. BY SECRETARY.
... PROFORMA RESPONDENT
(BY SRI NAVEEN CHANDRASHEKAR, AGA)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT READ WITH ARTICLE 215
OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE
CONTEMPT PROCEEDINGS AGAINST ACCUSED NOS.1 TO 4
AND PUNISH THEM FOR THEIR WILLFUL AND DELIBERATE
DISOBEDIENCE OF THE ORDER DATED 28.11.2023 PASSED
BY THE HON'BLE HIGH COURT IN W.P.NO.24657/2023 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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NC: 2025:KHC:10955-DB
CCC No. 274 of 2024
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.I.ARUN)
On the ground that the order passed in Writ Petition
No.24657 of 2023 has not been complied with, the present
contempt petition is filed by the petitioner therein.
2. The complainant filed Writ Petition No.24657 of 2023 with the
following prayers:
"i. Issue a writ of mandamus directing the
Respondents 2 to 5 to remove the encroachment
and the bund put by third party across the natural
stream near Sy.No.164/2 in Kothur Village which
is the part and parcel of Nagarahole National Park
and allow the free flow of water;
ii. Issue a writ of mandamus directing Respondents
2 to 5 to consider Annexure-B, the representation
dated 24.8.2023 given by the petitioner to
Respondent No.2, Annexure-B1, the
representation dated 24.08.2023 to Respondent
No.3, Annexure-B2, the representation dated
23.8.2023 to Respondent No.4 and Annexure-B3
the representation dated 23.08.2023 to
Respondent No.5 immediately and take action;
iii. Issue any other writ, order or directions as this
Hon'ble Court deems fit in the circumstances of
the case in the interest of justice and equity."
Considering the prayers of the complainant, the following
order has been passed in the writ petition:
NC: 2025:KHC:10955-DB
"6. The respondents shall consider the
representations and alleviate the grievance of the
petitioner within 3 weeks from the date of receipt of a
copy of this order, if not earlier."
On the ground that the encroachment has not been removed
by the Authorities concerned, the present contempt petition has
been filed.
3. Learned Additional Government Advocate appearing for
respondents has filed a compliance affidavit dated 20.04.2024 and
an additional compliance affidavit dated 17.02.2025, stating that
the encroachments have been removed and the representation of
the complainant has been considered positively. He prays that the
contempt petition be dropped.
4. The complainant however, disputes the submission of the
learned Additional Government Advocate and submits that there is
only a partial compliance and the entire encroachment has not
been removed.
5. The learned Single Judge in Writ Petition No.24657 of 2023
has directed the Authorities concerned to consider the
NC: 2025:KHC:10955-DB
representations of the complainant in accordance with law and take
appropriate action.
6. The learned Additional Government Advocate upon
instruction has submitted that encroachment has been removed
whereas, the petitioner is submitting that the same is not removed.
As the order of the learned Single Judge pertains to considering
the representations of the complainant, under the given
circumstances, we find that the order has been complied with.
7. For the aforementioned reasons, the contempt petition does
not survive and stands disposed of.
8. However, it is clarified that if the complainant has still any
grievance, he is at liberty to approach the appropriate forum in the
manner known to law.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
VMB
