VIJAYKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel Shri Harsh Desai for the complainants and the learned AAG namely Smt. K.Vidyavati representing the learned HCGP for the accused Nos.1 & 2, who are present before the Court physically.

(2.) This contempt proceeding is filed by the complainant for implementation of the order dtd. 20/4/2021, passed by the learned Single Judge in W.P. No.109639/2017, wherein the learned Single Judge observed that the plaintiff has instituted a suit in O.S. No.110/64 before the jurisdictional Civil Court and held that the ancestors of the petitioner have no right, title or interest over the land in question. The same finds place in paragraph No.4 of the order passed by the learned Single Judge. In paragraph No.10, the learned Single Judge has held that the total extent of land bearing Sy. No.597B measuring 14 acres 84 cents and out of which 4 acres 18 cents was acquired by the State and the compensation was paid to the petitioner No.1 which is evident from Annexure-P to the writ petition. The remaining 2 acres of land was mutated in favour of the father of the petitioner Nos.2 & 3 herein on 5/5/2006.

(3.) Learned counsel for the complainants submits that along with this contempt proceeding, the State has also preferred an appeal in W.A. No.100535/2022, wherein applications i.e., I.A.No.2/2022 for condonation of delay of 245 days in filing the appeal and I.A. No.3/2022 for stay are pending adjudication.