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Judgment
Ritu Raj Awasthi, CJ
This contempt petition is arising out of the order dated 23.08.2021, passed in W.P.No.13804/2021, whereby a direction was issued to respondent/ accused to initiate proceedings for change of khatha and pass appropriate orders, in accordance with law, after hearing Ramachandra Bhat in the proceedings or the petitioner producing ‘no objection’ from the hand of Ramachandra Bhat for such change of khatha.
The learned counsel for the complainant/petitioner submits that respondent No.1 has willfully not complied the direction issued by the writ court as he has neither initiated any enquiry, nor has issued notice to Ramachandra Bhat for his presence in the proceedings for change of khatha. It is submitted that Ramachandra Bhat is not ready to give the NOC/consent.
In view of the above, we are of the considered view that non-compliance of the direction issued by the writ court, by respondent No.1, is not willful. In fact, vide endorsement dated 16.11.2021, it has been informed to the petitioner that as per the Gram Panchayat records, building No.2-59 is standing in the name of Ramachandra Bhat, and to change the consent letter/NOC of Ramachandra Bhat, if filed, the further proceedings be taken. Respondent No.1 can hold such proceedings for change of khatha and pass appropriate orders, in accordance with law, after hearing Ramachandra Bhat in the proceedings and in this regard can also hold an enquiry. It would be appropriate that the petitioner may move appropriate application before respondent No.1 for issuance of notice to Ramachandra Bhat for ensuring his presence or hold any such enquiry as Ramachandra Bhat may deem just and proper to hold the proceedings for change of khatha.
The contempt proceedings, with the said observations, is disposed of.