Case Note & Summary
The complainant, Smt. Parvathamma, a senior citizen aged 69 years, filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971, alleging willful and deliberate failure by the accused authorities to comply with an order dated 24-7-2014 passed by a learned Single Judge in Writ Petition No.9606 of 2014. The order directed the respondents or the competent authority to conduct survey, phodi and durasthi work in respect of land bearing Survey No.123/PAI-P4 of Vadesamudra Village, Kasaba Hobli, Pandavapura Taluk, Mandya, within a period of nine months from the date of receipt of a certified copy of the order. The accused are Munish Moudgil, Commissioner of Land Survey and Land Record Department, Bengaluru; N. Manjushree, Deputy Commissioner, Mandya; and Pramod L. Patil, Tahasildar, Pandavapura Taluk, Mandya. The complainant contended that despite the order, the accused failed to take any action, forcing her to file the contempt petition on 24-9-2018. On 26-9-2022, Smt. Nayana S.L., Tahasildar, Pandavapura Taluk, Mandya, filed an affidavit. The court observed that it was yet another case where authorities under the State were showing disrespect to court orders passed in 2014. The court noted that the order was clear and unambiguous, directing the survey work within nine months, but the accused did not comply. The court initiated contempt proceedings against the accused for willful disobedience of the court order.
Headnote
A) Contempt of Court - Willful Disobedience - Sections 11 and 12 of the Contempt of Courts Act, 1971 - The complainant, a senior citizen, alleged that the accused authorities failed to comply with the court order dated 24-7-2014 directing survey, phodi and durasthi work in respect of land bearing Survey No.123/PAI-P4 of Vadesamudra Village, Kasaba Hobli, Pandavapura Taluk, Mandya, within nine months. The court noted that the order was passed in 2014 and the contempt petition was filed in 2018, indicating willful disobedience. The court initiated contempt proceedings against the accused for showing disrespect to the court orders. (Paras 1-3)
Issue of Consideration
Whether the accused authorities committed contempt of court by willfully and deliberately failing to comply with the order dated 24-7-2014 passed in Writ Petition No.9606 of 2014 directing survey, phodi and durasthi work in respect of the complainant's land.
Final Decision
The court initiated contempt proceedings against the accused for willful disobedience of the order dated 24-7-2014 passed in Writ Petition No.9606 of 2014.
Law Points
- Willful disobedience of court order
- Contempt of Courts Act
- 1971
- Sections 11 and 12
- Disrespect to court orders
- Compliance with judicial directions
