Karnataka High Court

Sri. Somaling vs Sri. Shrikant on 29 October, 2025

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                                                      CCC No. 584 of 2020


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                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 29TH DAY OF OCTOBER, 2025

                                        PRESENT
                    THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
                                           AND
                   THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                       CIVIL CONTEMPT PETITION NO. 584 OF 2020
             BETWEEN:

             1.    SRI. SOMALING
                   S/O RAVATAPPA MADAR
                   AGED ABOUT 53 YEARS,
                   OCC: AGRICULTURE AND BUSINESS
                   R/O THAMBA, TQ INDI
                   DIST VIJAYAPUR 586101.

             2.    SRI SHANKARAPPA
                   S/O SIDDARAYA
                   HAVINAL AGED ABOUT 41 YEARS,
                   OCC: AGRICULTURE R/O THAMBA
                   TQ INDI, DIST VIJAYAPUR 586101.

Digitally    3.    SMT RAJASHREE
signed by          W/O SURESH
RUPA V             BHANDARKOTE AGED ABOUT 37 YEARS,
Location:          OCC: BUSINESS
High Court         R/O THAMBA TQ-INDI
Of                 DIST- VIJAYPAUR 586 101.
Karnataka
                   REPRESENTED BY THEIR POWER OF
                   ATTORNEY HOLDER
                   SRI SHARANABASAPPA
                   S/O MONAPPA SARASAMBI
                   AGED ABOUT 43 YEARS,
                   OCC: ENGINEER R/O THAMBA
                   TQ-INDI DIST-VIJAYAPUR-586 101.

             4.    SRI SHARANABASAPPA
                   S/O MONAPPA
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     SARASAMBI AGED ABOUT 43 YEARS,
     OCC: ENGINEER R/O THAMBA
     TQ INDI DIST-VIJAYAPUR-586 101.
                                           ...COMPLAINANTS
(BY SMT. SUMANGALA SIMIMATH, ADVOCATE FOR
    SRI. GURUDEV I GACHCHINAMATH., ADVOCATE)

AND:

1.   SRI. SHRIKANT
     S/O ADIVEPPA HADALASANG
     AGED ABOUT 40 YEARS,
     OCC: PANCHAYAT DEVELOPMENT OFFICER
     GRAM PANCHAYAT TAMBA
     R/O TAMBA TQ INDI
     DIST VIJAYAPUR -586 101.

2.   SRI RAHUL SINDHE
     AGE MAJOR
     OCC : ASSISTANT COMMISSIONER
     TQ -INDI- 586209
     DIST - VIJAYAPUR - 586101
     (VCO DATED 06.07.2021 IS AMENDED)

3.   SRI. P. SUNIL KUMAR
     AGE - MAJOR
     OCC : DEPUTY COMMISSIONER
     VIJAYAPUR DISTRICT
     VIJAYAPUR - 586101.

     (VCO DATED 06.07.2021 CAUSE TITLE IS AMENDED)
                                                 ...ACCUSED
(BY SMT. RATNA N. SHIVAYOGIMATH., ADVOCATE FOR A1;
    SMT. MAMATHA SHETTY, AGA FOR A2 & A3;
    SMT. S. S. HALALLI, ADVOCATE FOR A4)

     THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA R/W SECTION 11 AND 12 OF THE
CONTEMPT OF COURT ACT, PRAYS THAT TO INITIATE CONTEMPT
PROCEEDINGS AGAINST THE ACCUSED FOR DELIBERATE AND
WILLFUL VIOLATION OF THE ORDERS DATED 17.12.2019 MADE IN
W.P.NO.40717/2019 PASSED BY THIS HON'BLE COURT AND PUNISH
THE ACCUSED FOR CONTEMPT OF COURT.
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     THIS CIVIL CONTEMPT PETITION HAVING BEEN HEARD AND
RESERVED ON 16.10.2025, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT, THIS DAY VIJAYKUMAR A. PATIL J., DELIVERED THE
FOLLOWING:


CORAM:       HON'BLE MRS. JUSTICE ANU SIVARAMAN
             and
             HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL


                           CAV ORDER

      (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)


      This    contempt     petition    is   filed   alleging   willful

disobedience of the order dated 17.12.2019 passed by the

Division Bench of this Court in W.P.No.40717/2019 (PIL).


      2.      The brief facts leading to filing of this petition

are that in W.P.No.40717/2019, the petitioners had

complained that a public road leading to Thamba Village

had been encroached upon, reducing its width and causing

serious inconvenience to villagers and visitors. This Court

had   directed     the   local   authorities   to   look   into   the

representations made by the petitioners, conduct a proper

survey to check for encroachment, and if found, remove it

within two months and inform the petitioners about the
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action taken. However, even after the time fixed by the

Court,    no    steps   were   taken   to   comply   with   those

directions. The petitioners, therefore, allege that the

concerned officials have wilfully disobeyed the Court's

order and supported the encroacher which has led to the

filing of this contempt petition.


     3.        Smt.Sumangala Simimath, learned counsel for

Sri.Gurudev I. Gachchinamath, learned counsel for the

complainants submits that the road which has been

encroached is the main entrance road to Thamba Village,

and it is used by all the villagers. Every Wednesday is the

market day for Thamba Village and many people from

nearby villages come there. Because of the encroachment,

the 20-feet-wide road has been reduced to only 10 feet,

making it difficult for the vehicles and the people to move

freely. This has caused great inconvenience to the public

and affected the business activities in the Village. It is

submitted that though this Hon'ble Court had long back

directed the authorities in W.P.No.40717/2019 to conduct
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a survey and remove the encroachment, but no action has

been taken even after the time given by the Court has

expired.   The accused officials are fully aware of the

Court's order but have deliberately ignored it and are

supporting the encroacher instead of taking action. It is

further submitted that after the complainant No.4 filed a

public interest litigation, the encroacher and his men

attacked him and his brothers, causing injuries. Later, a

false case was also filed against them to harass them.

Despite all this, the authorities have remained silent and

taken no action. The affidavits filed by the accused would

not satisfy the direction issued by this Court and the

complainants have filed their responses to such affidavits.

It is also submitted that the accused have willfully

disobeyed the orders of this Hon'ble Court, hence, the

contempt proceedings should be initiated against them to

uphold justice.


     4.    Per    contra,   Smt.Ratna    N.   Shivayogimath,

learned counsel appearing for the accused No.1 submits
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that the accused has already taken necessary steps to

follow the directions of this Hon'ble Court. As per the

Court's order, he had written a communication letter to

the   Assistant     Director   of   Land     Records   (ADLR)     on

08.04.2020 requesting a survey of the concerned lands to

fix   the    boundaries.   The      survey   was    conducted     on

11.06.2020 and 18.06.2020 in the presence of the

Assistant Commissioner and complainant No.4. It was

found that there was no encroachment by Sri.Rachappa

Galed.       It is submitted that the portion shown in the

survey sketch as encroached, falls under the Public Works

Department        and   Revenue        Department      limits,   and

therefore, the accused, being the Panchayat Development

Officer, has no power to remove it. It is further submitted

that the Assistant Commissioner had orally instructed the

accused to stop the removal of encroachment work and

that there was no deliberate disobedience of the Court's

order.      It is also submitted that any delay in compliance

was unintentional and the accused has tendered an
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unconditional apology for the same. Hence, she seeks to

drop the contempt proceedings initiated against accused

No.1.


        5.   Smt.   Mamatha    Shetty,    learned   Additional

Government Advocate for the accused Nos.2 and 3

submits that the accused have taken all necessary steps to

follow the directions of this Hon'ble Court. It is submitted

that a joint survey was conducted by the competent

authorities. It is further submitted that the accused No.2

was engaged in Covid-19 related duties at the relevant

time and therefore, there was some delay in taking further

action which was neither deliberate nor intentional.      It is

also submitted that the accused has complied with the

orders of this Hon'ble Court to the extent possible and has

also tendered an unconditional apology for the delay.

Hence, she seeks to drop the contempt proceedings

initiated against the accused Nos.2 and 3 in the interest of

justice.
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     6.      We have heard the arguments of the learned

counsel for the complainants, learned counsel for the

accused and meticulously perused the directions issued,

compliance affidavits and counters to such affidavits.


     7.      The co-ordinate Bench of this Court vide order

dated 17.12.2019 in W.P.No.40717/2019 (GM-RES-PIL)

issued the following directions:

          "i) We direct the petitioners to immediately provide copies
               of the representations at Annexures-J1 to J3 to the
               fifth respondent;

ii)The fifth respondent shall ensure that a survey is carried out with a view to ascertain whether there is any encroachment made on the public road subject matter of this petition as alleged by the petitioners;

iii) If the survey reveals that there is an encroachment made by the sixth respondent or any other person on the public road, the fifth respondent shall initiate appropriate proceeding in accordance with law for removal of the encroachment;

iv) The aforesaid action shall be taken by the fifth respondent within a period of two months from the date on which the copies of the representations at Annexures-J1 to J3 are supplied to him;

v) We direct the fifth respondent to report compliance of the aforesaid directions by addressing a communication to the petitioners or their advocate within a period of three months from the date on which the copies of the aforesaid representations are supplied to him;

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vi) We make it clear that we have made no final adjudication on the question whether there has been any encroachment on the public road as alleged by the petitioners;

vii) Accordingly, the writ petition is disposed of on the above terms."

8. The respondent-accused filed affidavits

indicating compliance of the aforesaid directions. The

affidavit of the accused No.1 dated 13.01.2021 indicates

that he has requested the ADLR, Indi, to conduct a survey

of the lands covered in different survey numbers vide

communication dated 08.04.2020. The survey was fixed

on 11.06.2020, 18.06.2020 and notices were issued to the

complainants. However, some of the complainants did not

receive the notice and complainant No.4 was present

during the survey. The survey report was placed, which

does not indicate any encroachment. The affidavit dated

10.02.2021 indicates that by inadvertence the accused has

mentioned that there was no encroachment and sought

apology. It is stated that the encroached road shown in

the survey sketch is under the control of Public Works

Department and Revenue Department and not within the

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control of Panchayat. Hence, it is stated that he has no

authority to remove the encroachment on the roads.

Further it is stated that the Assistant Commissioner has

orally requested not to proceed with the work of removal

of encroachment. Along with the memo, a letter dated

05.03.2021 was filed wherein the accused No.1 sent a

communication to the Assistant Commissioner to take

steps for removal of encroachment. The accused No.1

filed another affidavit on 05.07.2021 as per the direction

of the Court which indicates that the encroached area is a

cart road maintained by PWD and Revenue Department

and the survey report depicts no encroachment by the

respondent No.6. The said accused has filed a memo

along with the report dated 13.07.2021 indicating the

action taken by him. The said report is enclosed with

photographs evidencing removal of encroachment. The

said accused filed another affidavit on 31.08.2021

explaining the action taken by him and the survey

conducted by the ADLR. The said affidavit indicates that

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the encroached shops on the cart road were removed with

the police help and the action was reported to the

Assistant Commissioner, Indi, by letter dated 13.07.2021.

9. The accused No.2-Assistant Commissioner, Indi,

filed an affidavit dated 16.07.2021. The said affidavit

refers to various communications between him and the

Tahsildar, Indi, Executive Officer, Indi and PDO, Indi. It

makes reference with regard to the survey conducted by

the ADLR and survey sketches were also produced. The

said affidavit reiterates that the encroachment was cleared

on 13.07.2021 by the PDO in the presence of the officials

and police. It was specifically denied that he has issued

any oral instruction to stop the work of removal of

encroachment. The affidavit dated 21.09.2021 of the

accused No.2 reiterates various correspondences referred

supra and refers to the removal of encroachment. The

said affidavit indicates that there is no Government road of

20 feet between the property bearing Nos.1517 and 1518

of Thamba Village. The said affidavit also indicates the

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formation of sites, conversion of lands, etc. and it is

categorically deposed that property bearing assessment

No.1518 has an 18 feet space used as a road shown in the

Annexure-R8 to the affidavit but this is not recorded as a

public road in the revenue or panchayat records. The

complainants have filed counter objections to the affidavits

indicating that there exists a public road and the

encroachment is not fully removed. This Court not being

satisfied with the affidavits filed by the accused had

appointed a learned Additional Government Advocate as

the Court Commissioner to find out the actual assertions

made by the parties.

10. The learned Additional Government Advocate

filed a factual report along with rough sketch, photographs

and a compact disc. For easy reference, the report is

extracted hereinbelow:

"That, in compliance of the order dated 21/09/2021 passed by this Hon'ble Court, I G.V. Shashi Kumar, Additional Government Advocate, representing Accused No.2 and 3, Sri. Gurudev Gachchinmath,

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counsel representing Complainants and Sri. Shivayogesh Shivayogimath, counsel representing Accused No.1, visited the spot on 02/10/2021 at 3.45 PM.

As per the directions of this Hon'ble Court, the Assistant Commissioner, Assistant Director of Land Records and Panchayat Development Officer were present at the spot on 02/10/2021 along with the Executive Officer, Tahsildar and the Police personals assisted us at the spot.

(1) That the properties bearing assessment Nos. 1517 and 1518 of Tamba Village were Identified in the presence of aforesaid officials and also the Complainant No.4.

(2) That, there is existence of a "MUD ROAD"

measuring around 18 feet width running from west to east in the middle of the property bearing assessment No.1518.

(3) That on the either side of the MUD ROAD there are shops existing and on enquiry it is informed that the shops are constructed in the year 2012 and the mud road is also existing since 2012.

(4) That on the southern side of the MUD ROAD in property bearing assessment No.1518, two electricity poles are installed and one (1) electricity pole is also

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installed after the property bearing assessment No.1518.

(5) That the MUD ROAD is not provided with any drainage facility. The MUD ROAD continues further after the property bearing assessment No.1518 in private properties and connects to the Gramathana Road which leads to the Tamba Village.

(6) That, there is existence of a sperate Gramatha Road which leads to the Tamba village from the main road ie., Indi to Daverahipparagi Road.

(7) That, there is a sperate entry measuring around 15 feet into the property bearing assessment No.1517 next to police chowki (Indi from the road main to Devarahipparigi) which is being used for ingress and egress by the complainants.

(8) That, there is no existence of 20 feet public road between in property bearing assessment Nos. 1517 and 1518.

(9) That, there is no encroachment on MUD ROAD measuring around 18 feet in property bearing assessment No.1518.

(10) That, the MUD ROAD existing in between shops in assessment No.1518 is being used by the occupants of the shops and also the general public as the said Mud

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Road proceeds further in the other private properties and connects to the Gramathan Road.

(11) That, the encroachment removed by the Panchayat Development officer as per survey sketch, is on the Main Road ie., Indi to Devarhipparigi (PWD Road).

(12) That, on enquiry it is informed that there is no approved layout plan in respect of converted land bearing Sy.No.1085 of Tamba Village. It is also informed by the Panchayat Development Officer that as per records the shops constructed in property bearing assessment No.1518 is after obtaining license in the year 2012.

Since filing of the joint report by the counsels was unacceptable, I have filed the present report independently.

The rough sketch, photographs of the spot and the compact disk of the video recording done during our visit at the spot on 02/10/2021 are produced for the kind perusal and consideration of this Hon'ble Court."

11. The aforesaid factual report which is based on

spot inspection by the Court Commissioner along with the

officials clearly indicates that there is no existence of 20

feet road in between property bearing assessment

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Nos.1517 and 1518. Further, there is no encroachment on

the mud road measuring 18 feet in the property bearing

assessment No.1518 and the authorities have removed

the encroachment. The aforesaid affidavits clearly

demonstrate that the encroachment has been removed by