The Karnataka High Court has imposed Rs. 3 Lakh costs on Tahasildars who were holding posts from July 24, 2022 till February 10, 2022 for not complying with the Order of the Single Judge directing survey of a land.

The bench of Justice B. Veerappa and Justice K.S. Hemalekha held the concerned Tahasildars proportionately liable to pay cost of Rs.3,00,000/- from their personal pockets.

Advocate Anjan Kumar appeared for the complainant and HCGP KS Arun appeared for the Respondents.

In this case, the Single Judge had passed an order in July 2014 directing the accused or the competent authority to conduct survey, phodi and durasthi work in the land in question within nine months.

The Court noted that the sketch was prepared on February 2022 and mutation entries were made in September 2022, i.e. after lapse of eight years from the date of original order and four years from the date of filing of the present contempt petition.

"Though the order passed by the learned Single Judge is of the year 2014, we are now in the end of November, 2022, More than eight years have been lapsed, the Authorities never acted to comply with the order, within the time stipulated thereby they have shown deliberate willful disobedience to the order passed by this Court.", the Court observed.

The Court also noted that "Though Circular was issued by the State Government and repeated orders having been passed by this Court, the State Government has not taken any action against any of the Officers, who have not implemented the Court order in time…"

The Court observed that the complainant who is senior citizen was forced to file the contempt petition by engaging the services of the counsel by spending litigation expenses, and faced mental trauma due to non-implementation of Court order for more than 8 years.

Thus the Court ordered that "The contempt proceedings are hereby dropped, subject to deposit of costs of Rs.3,00,000/- (Rupees three lakh only) by the Tahasildars concerned, who were holding posts from 24-7-2022 till 10-2-2022."

The Court directed that the costs shall be paid to the complainant within a month.

Cause Title- Parvathamma v. Munish Moudgil & Ors.

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