Fakkirgouda Veerangouda Patil v. Sri Jagadeesh Y.K

NC:(2026:KHC-D:1206-DB( CCC(No.(100200(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA,(AT(DHARWAD( THDATED(THIS(THE(30 (DAY(OF(JANUARY,(2026( PRESENT( THE(HON'BLE(MR.(JUSTICE(M.I.ARUN( (AND(( (THE(HON'BLE(MR.(JUSTICE(B.(MURALIDHARA(PAI( CIVIL(CONTEMPT(PETITION(NO.(100200(OF(2025(( ( BETWEEN:(( ( FAKKIRGOUDA,VEERANGOUDA,PATIL,, AGE:,74,YEARS,,, OCC.,AGRICULTURE,AND,ADVOCATE,, R/O.,HANGAL,,PRESENTLY,RESIDING,, ND THAT:,459,,2 ,CROSS,,4 ,MAIN,ROAD,, RAJATGIRI,,DHARWAD-580,004., …,COMPLAINANT, , (BY,SRI,PRABHULING,K.,NAVADGI,,SENIOR,ADVOCATE,FOR, ,,,,,,SRI,SHIVAPRASAD,SHANTANAGOUDAR,AND, ,,,,,,SRI,RAMACHANDRA,V.,BHAT,,ADVOCATES,APPEARED,, ,,,,,,,,,,,,THROUGH,V.C.), ( Digitallytisigned AND:( by0V0N0BADIGER (Location:0HIGH COURT0OF 1., SRI,JAGADEESH,Y.K.,, KARNATAKA DHARWAD THE,CHIEF,OFFICER,,HANGAL,, BENCH TOWN,MUNICIPAL,COUNCIL,, TQ.,HANGAL,,DIST.,HAVERI., ,

2., SRI,SATHYANARANAPPA,D.,, ASSISTANT,DIRECTOR,OF,LAND,RECORDS,, HANGAL,,TQ.,HANGAL,,DIST.,HAVERI., ,

3., MANJUNATH,R.,MULIMANI,, THE,TALUK,SURVEYOR,, HANGAL,,TQ.,HANGAL,, DIST.,HAVERI., NC:(2026:KHC-D:1206-DB( CCC(No.(100200(of(2025( ( , ,,HC-KAR( ( ( ,

4., MAQBOOL,AHMED,KHAN,PATHAN,, S/O.,MOHAMMAD,KHAN,, R/O.,BOMMANAHALLI,, TQ.,HANGAL,,DIST.,HAVERI., ,

5., YASIR,KHAN,,, S/O.,MOHAMMAD,KHAN,PATHAN,, MEMBER,OF,LEGISLATIVE,ASSEMBLY,, SHIGGAON,,TQ.,SHIGGAON,, DIST.,HAVERI., …,ACCUSED,

6., THE,STATE,OF,KARNATAKA,, REP.,BY,AGA., …,PROFORMA,RESPONDENT, , (BY,SRI,SANTOSH,B.,MANE,,ADVOCATE,FOR,A1;, ,,,,,,SRI,M.A.,PATHAN,,ADVOCATE,FOR,A4,AND,A5;, ,,,,,,SRI,SHARAD,V.,MAGADUM,,ADVOCATE,FOR,A2,AND,A3;, ,,,,,,SRI,SHARAD,V.,MAGADUM,,AGA,FOR,PROFORMA,R6), , , THIS,CCC,IS,FILED,UNDER,SECTION,11,AND,12,OF,THE, CONTEMPT, OF, COURTS, ACT,, 1971,, R/W, ARTICLE, 215, OF, CONSTITUTION, OF, INDIA,, 1950,, PRAYING, TO, INITIATE, CONTEMPT, PROCEEDINGS, AGAINST, THE, ACCUSED, PERSONS, UNDER,THE,PROVISIONS,OF,THE,CONTEMPT,OF,COURTS,,ACT, AND, PUNISH, THE, ACCUSED, FOR, DELIBERATELY, DISOBEYING, THE, ORDER, DATED, 24-04-2025, PASSED, IN, W.P., NO.105122/2023, VIDE, ANNEXURE-B, AND, PASS, SUCH, OTHER, ORDERS, AS, THIS, COURT, DEEMS, FIT,, IN, THE, FACTS, AND, CIRCUMSTANCES,OF,THE,CASE,,IN,THE,INTERESTS,OF,JUSTICE., , , THIS,PETITION,IS,COMING,ON,FOR,ORDERS,,THIS,DAY,, ORDER,WAS,MADE,THEREIN,AS,UNDER:,

CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.I.ARUN)

¶1The present contempt petition is filed by the complainant alleging violation of the orders passed by this Court in W.P. No.105122/2023. This Court in the said writ petition has passed the following order: "i. Writ Petition is allowed. ii. Impugned notice dated 04.07.2023 vide Annexure-G and the impugned notice dated 07.08.203 vide Annexure-J, issued by respondent No.3 – Taluk Surveyor, are quashed."

¶2It is the case of the complainant that of the contesting respondents, accused No. 5, is the local Member of Legislative Assembly (hereinafter referred to as 'MLA') and that the Government acted in haste, in violation of the orders passed by this Court to favour the said MLA. It is alleged that in violation of the aforementioned order in W.P. No. 105122/2023, accused Nos. 2 and 3 surveyed the land

of accused Nos. 4 and 5 and erroneously marked certain areas belonging to the complainant as part of land owned by accused Nos.4 and 5. This allegedly resulted in accused Nos. 4 and 5 forcibly entering upon that portion of the land and taking possession of the same. It is submitted that such conduct of the accused amounts to wilful violation of the orders passed by this Court.

¶3Learned AGA appearing for accused Nos. 2 and 3 submits that accused Nos. 2 and 3 merely surveyed the land of accused Nos. 4 and 5, and earmarked a portion of land which, in their opinion, was encroached upon by the complainant. A map has been produced along with the affidavit of accused No.2, wherein the alleged encroachment has been marked.

¶4In our opinion, the actions of accused Nos. 2 and 3 prima facie amounts to contempt of the orders passed by this Court in W.P. No. 105122/2023.

¶5Sri M.A.Pathan, learned counsel for accused Nos.4 and 5 bearing Registration No.159/2021, upon instructions, submits that irrespective of the statement of objections dated 30.07.2025 filed by them, they have not taken possession of the disputed property between the complainant and accused Nos.1, 2 and 3. The aforesaid stance of accused Nos. 4 and 5 is disputed by the complainant.

¶6However, all the parties, including the complainant, accused Nos. 1 to 3, and accused Nos. 4 and 5 have no objections to restoring and maintaining status quo ante in respect of the property concerned, as it existed on the date of the decision of this Court in W.P.No. 105122/2023.

¶7Learned counsel for accused Nos. 4 and 5 categorically submit that, as on date, they are not in possession of the property shown to have been encroached upon by the complainant in the map produced by accused

Nos. 2 and 3. He further submitted that they would approach the Civil Court of competent jurisdiction to redress their grievances, if any.

¶8Learned counsel for the complainant has no objection for closing the contempt petition in light of the undertaking given by learned counsel for accused Nos. 2 and 3 and also learned counsel for accused Nos. 4 and 5.

¶9In the light of the above, the contempt petition is closed. However, liberty is granted to the complainant to revive the contempt petition in the event of any violation of the aforementioned undertaking given by the respondents.

Sd/- (M.I.ARUN) JUDGE

Sd/- (B. MURALIDHARA PAI) JUDGE

VB/CT:BCK LIST NO.: 1 SL NO.: 6