In the High Court of Karnataka Dharwad Bench
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 18 TH DAY OF DECEMBER, 2018 PRESENT THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA AND THE HON’BLE MR. JUSTICE BELLUNKE A.S. C.C.C.No.100076/2018 (CIVIL) BETWEEN: 1. DUNDAPPA LAGAMANNA KAMATE, 37 YEARS, AGRICUALTURIST, R/O NEAR DUDH GANGA SUGAR FACTORY, CHIKKODI TALUK, BELAGAVI DISTRICT, PIN.591247. 2. SUBHASH LAGAMANNA KAMATE, 33 YEARS, AGRICULTURIST, R/O DKSSK FACTORY, CHIKODI TALUKA, BELAGAVI DISTRICT PIN 591247. 3. KEDARI GANGARI KAMATE 60 YEARS, AGRICULTURIST, R/O 972 BASAVANAGAR GOTUR HUKKERI TALUK, BELAGAVI DISTRICT PIN 591221. 4. KEMPANNA ADIVEPPA KAMATE 60 YEARS, AGRICULTURIST, R/O 971 BASAVANAGAR GOTUR HUKKERI TALUK, GOTUR HUKKERI TALUK, BELAGAVI DISTRICT PIN 591221. 5. KEDARI ADIVEPPA KAMATE 51 YEARS, AGRICULTURIST, 2 R/O #971 BASAVANAGAR GOTUR HUKKERI TALUK GOTUR HUKKERI TALUK, BELAGAVI DISTRICT PIN 591221. 6. SHANKAR BASAPPA KAMATE, 60 YEARS, AGRICULTURIST, R/O #342 GOTUR, HEBBAL, HUKKERI TALUK, BELAGAVI DISTRICT PIN 591221. 7. SHIVAJI BASAPPA KAMATE, 53 YEARS, AGRICULTURIST, R/O #343 GOTUR, HEBBAL, HUKKERI TALUK, BELAGAVI DISTRICT PIN 591221. 8. KUMAR BASAPPA KAMATE, 50 YEARS, AGRICULTURIST, R/O GOTUR, HEBBAL, HUKKERI TALUK, BELAGAVI DISTRICT PIN 591221. 9. SHIVARAIR BASAPPA KAMATE, 25 YEARS, AGRICULTURIST, R/O #345 GOTUR, HEBBAL, HUKKERI TALUK, BELAGAVI DISTRICT PIN 591221. 10. KEMPANNA KEDARI KAMATE, 55 YEARS, AGRICULTURIST, R/O #347 GOTUR, HEBBAL, HUKKERI TALUK, BELAGAVI DISTRICT PIN 591221. 11. DUNDAPPA KEDARI KAMATE, 52 YEARS, AGRICULTURIST, R/O 4899/2 NIDASOSI ROAD SANKESHWAR, HUKKERI TALUK, BELAGAVI DISTRICT PIN 591313. 12. ASHOK KEDARI KAMATE, AGE:43 YEARS, AGRICULTURIST, 3 R/O #194 GOTUR, HEBBAL HUKKERI TALUK, BELAGAVI DISTRICT PIN 591221. 13. MARUTI RATNAPPA KAMATE, AGE:45 YEARS, AGRICULTURIST, R/O #346 KAMAMTE BEEDI, GOTUR, HEBBAL, HUKKERI TALUK, BELAGAVI DISTRICT PIN 591221. 14. BHIMAPPA RATNAPPA KAMATE, AGE:46 YEARS, AGRICULTURIST, R/O #346 GOTUR, HUKKERI TALUK, BELAGAVI DISTRICT PIN 591221. 15. SATYEVVA SIDDAPPA KAMATE, AGE:35 YEARS, AGRICULTURIST, R/O #333 MARI ONI GOTUR, HUKKERI TALUK, BELAGAVI DISTRICT PIN 591221. 16. GOURAVVA SANJU KAMATE, AGE:30 YEARS, AGRICULTURIST, R/O #341 MARI ONI GOTUR, HUKKERI TALUK, BELAGAVI DISTRICT PIN 591221. 17. RAJU BABAU KAMATE, AGE:30 YEARS, AGRICULTURIST, R/O #341 GOTUR, HEBBAL, HUKKERI TALUK, BELAGAVI DISTRICT PIN 591221. ... COMPLAINANTS (BY SRI PRASHANT MATHAPATI, ADVOCATE) AND 1. KAVITA YOGAPPANAVAR, THE ASSISTANT COMMISSIONER, HUKKERI TALUK, BELAGAVI SUB-DIVISION, BELAGAVI – 590 001. 4 2. KAVITA YOGAPPANAVAR, CHAIRMAN OF THELAND TRIBUNAL, HUKKERI 591 309, BELAGAVI DISTRICT. ... ACCUSED (BY SRI C.S.PATIL, GOVERNMENT ADVOCATE) THIS CONTEMPT PETITION IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED HEREIN FOR DISREGARDING AND VIOLATING THE ORDER/DIRECTION DATED 03.07.2017 ISSUED IN W.P.NO.103267/2017 AS PER ANNEXURE-A AND METE OUT PUNISHMENT UNDER THE CONTEMPT OF COURT ACT, 1971. THIS CONTEMPT PETITION COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., MADE THE FOLLOWING: O R D E R Learned Government Advocate appearing for the accused has filed the affidavit of Smt.Kavita Yogappanavar, Assistant Commissioner, Hukkeri Taluk, Belagavi Sub-Division, Belagavi, stating that the State Government has instructed the Chairman, Land Tribunal, Hukkeri Taluk, Belagavi District and the Members of the erstwhile Committee of the Land Tribunal to conduct enquiry in respect of Form No.7 submitted by the 5 predecessors of the complainants and to dispose of the matter as per the direction issued by this Court and that the enquiry shall be completed within a period of three months from today. 2. The affidavit is taken on record and perused. 3. Learned single Judge of this Court in W.P.No.103267/2017 by order dated 13.07.2017 had directed that the enquiry to Form No.7 filed by predecessors of the complainants herein be disposed off expeditiously and at any rate within a period of nine months. Though the said time has lapsed since the accused has now stated that the direction of the learned single Judge shall be completed within a period of three months from today, which is on the directions issued by the State Government, we observe that there has been substantial compliance with the directions issued by this Court and we hope and trust that the 6 accused shall comply what they have stated in Paragraph No.5 of the affidavit. In the circumstances, contempt proceedings are dropped. SD/- JUDGE SD/- JUDGE CLK .