GOVINDE GOWDA Vs. SRINIVAS GOWDA

JUDGEMENT

(1.) Both these contempt petitions are filed by the complainants to punish the accused persons under the provisions of sections 11 and 12 of the Contempt of Courts Act, 1971 alleging disobedience of the order dated 09.08.2012 passed in W.P.No.33244/2018 and W.P.Nos.34706- 34824/2018(LA-RES), wherein the learned Single Judge while disposing of the writ petitions directed the respondents (present accused) to consider the representations dated 29.11.2020 and 16.12.2020 vide Annexures-A and B respectively by taking into consideration the report of the experts as per Annexures-C, D and E declaring Bidarakka village as 'Sheetapidita Pradesha', wherein the petitioners are stated to be residing and if the petitioners are entitled to payment of compensation, respondents shall take steps to disburse the compensation in accordance with law. Such an exercise shall be carried out by respondent Nos.1 to 3 in an expeditious manner not later than six months from the date of receipt of certified copy of the order i.e., on or before 08.02.2019.

(2.) Since the accused persons have not complied the order passed by the learned Single Judge nor challenged, nor sought extension of time to comply the order, the complainants were compelled to file the present contempt petitions on 05.09.2019 and 14.10.2019 respectively. Thereafter, notices was issued to the respondents-accused on 11.11.2019 and 18.10.2019. Again the matters were posted on 04.12.2019. When the matters were posted on 01.09.2021, learned counsel for respondents-accused persons sought time. This Court rejected the request for extension of time to comply the order. The order dated 09.08.2018 passed in W.P.No.33244/2018 and W.P.Nos.34706-34824/2018(LA-RES) has reached finality. When the matters were listed today to 'hear before charge', in order to provide an opportunity to the accused persons, accused No.1- Assistant Commissioner, Hassan Sub-Division, Hassan and Incharge Special Land Acquisition Officer, Hemavathy Reservior Project, Hassan has filed counter affidavit dated 24.01.2020 and in para 6 of the counter affidavit, in C.C.C.No.1561/2019, it is specifically stated as under:-

(3.) The second accused in C.C.C.No.1762/2019 filed an affidavit and at para 9, 10 and 11, it is specifically stated as under:-