JAMNALAL BAJAJ SEVA TRUST vs MR. N MANJUNATH PRASAD IAS

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 14 DAY OF OCTOBER, 2026


PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN

CIVIL CONTEMPT PETITION NO. 624 OF 2021

BETWEEN:

1. JAMNALAL BAJAJ SEVA TRUST
13TH KM MAGADI ROAD
VISHWANEEDAM POST
BENGALURU-560 091
REPRESENTED BY ITS SPECIAL
POWER OF ATTORNEY HOLDER
COL. B K NAIR
…COMPLAINANT

(BY SRI UDAYA HOLLA, SENIOR COUNSEL FOR
SRI RAJESWARA P N, ADVOCATE)

AND:

1. MR. N MANJUNATH PRASAD, IAS
PRINCIPAL SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, ROOM NO.505
5TH FLOOR, M S BUILDING
DR B R AMBEDKAR VEEDHI
BENGALURU-560 001

2. MR. J MANJUNATH, IAS
DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
KANDAYA BHAVAN, K G ROAD
BANGALORE-560 009










Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA

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3. MR. C L SHIVAKUMAR, KAS
ASSISTANT COMMISSIONER
BENGALURU NORTH TALUK
KANDAYA BHAVAN, K G ROAD
BANGALORE-560 009

4. MR. H BALAKRISHNA
TAHSILDAR, BENGALURU NORTH TALUK
KANDAYA BHAVAN, K G ROAD
BANGALORE-560 009

5. STATE OF KARNATAKA
THROUGH SECRETARY
REVENUE DEPARTMENT
M S BUILDING, VIDHANA VEEDHI
BENGALURU - 560 001
...PRO FORMA
RESPONDENT NO.5

6. SRINIVAS K, S/O KEMPAIAH
AGED ABOUT 49 YEARS
DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
KANDAYA BHAVANA, K G ROAD
BENGALURU-560 009

(IMPLEADED VIDE ORDER
DATED 01.09.2022)

7. DR. M G SHIVANNA
ASSISTANT COMMISSIONER
BENGALURU NORTH SUB-DIVISION
KANDAYA BHAVANA, K.G.ROAD
BENGALURU-560 009

(IMPLEADED VIDE ORDER
DATED 01.09.2022)

8. SRI K A DAYANANDA
S/O SRI J APPAJI GOWDA

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AGED ABOUT 46 YEARS
DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
KANDAYA BHAVANA, K.G.ROAD
BENGALURU-560 009

(IMPLEADED VIDE ORDER
DATED 09.08.2023)

9. SRI RAJENDRA KUMAR KATARIA, IAS
PRINCIPAL SECRETARY
TO THE GOVERNMENT
REVENUE DEPARTMENT
ROOM No.505, 5TH FLOOR
M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI
BENGALURU-560 001

(IMPLEADED VIDE ORDER
DATED:07.03.2024)
…ACCUSED
(BY SRI KIRAN V RON, AAG FOR
SRI BHAIRAV KUTTAIAH, AGA FOR A1 TO A9;
SRI M P SRIKANTH FOR IMPLEADING APPLICANT
ON I.A.NO.1/2026 FOR PROPOSED A10;
SRI GIREESHA KODGI, ADVOCATE FOR OBJECTOR)

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA AND RULE 5 OF THE HIGH COURT OF
KARNATAKA CONTEMPT OF COURT PROCEEDINGS RULES, 1981,
PRAYING TO SECURE THE PRESENCE OF THE ACCUSED PERSONS
AND PUNISH THEM FOR THE OFFENCE OF CONTEMPT OF THE
BREACH OF THE ORDER DATED 30.06.2021 PASSED IN
W.P.NO.55344/2017 (LR-RES) BY THE LEARNED SINGLE JUDGE.

THIS PETITION, COMING ON FOR FRAMING OF CHARGES,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER :

CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN

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ORAL ORDER

(PER: HON'BLE MR. JUSTICE D K SINGH)


1. The present contempt petition has been filed alleging
willful disobedience and defiance of the judgment and order
dated 30.06.2021 passed by the learned Single Judge in
W.P.No.55344/2017 (LR-RES).

2. The complainant/petitioner viz., Jamnalal Bajaj Seva
Trust is a Public Charitable Trust (hereinafter referred to as 'the
Trust') established in terms of the Trust Deed dated 07.09.1942
with the objects amongst others for providing relief to the poor,
education, medical relief and advancement of any object of
general public utility. The complainant-Trust is registered under
the provisions of the Bombay Public Charitable Act.

3. The complainant-Trust had purchased about 400 acres of
land in Herohalli, Srigandhadakaval and Gidadakonenahalli
Villages of Yeshwanthapura Hobli under a Sale Deed dated
22.02.1960. Between 1962 and 1972, the complainant-Trust

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had established International Sarvodaya Centre known as
"Vishwaneedam", which is carrying on philanthropic activities.

4. The Karnataka Land Reforms Act, 1961 was amended
with effect from 01.03.1974 stipulating the ceiling limit on land
holdings by charitable institutions at 20 units. The complainant-
Trust filed a declaration before the Land Tribunal, Bengaluru
North in Form No. 11 under Section 66 of the Land Reforms Act
in respect of 400 acres of land purchased by it under the Sale
Deed dated 22.02.1960. The Land Tribunal, vide order dated
12.01.2010, held 213 acres 20 guntas as excess land.

5. The complainant-Trust challenged the said order dated
12.01.2010 in W.P.No.4311/2010. This Court allowed the writ
petition and remanded the matter back to the Land Tribunal for
fresh consideration.

6. The Land Tribunal, vide second order dated 22.09.2015,
held 265 acres 24 guntas as excess land and directed the
complainant-Trust to surrender the same.

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7. Feeling aggrieved by the order dated 22.09.2015 passed
by the Land Tribunal, the complainant-Trust filed W.P.
Nos.41866-41870/2015. The writ Court, vide common order
dated 02.05.2017, allowed the writ petitions and set aside the
order passed by the Land Tribunal with a further direction to
consider the Survey Report dated 28.07.2015 submitted by the
Tahsildar and the Additional Director of Land Records on the
direction of the Land Tribunal, which showed about 250 acres
of land as uncultivable.

8. On further remand, vide order dated 28.11.2017, the
Land Tribunal passed the third order holding 354 acres 10
guntas as excess land. Assailing the said order dated
28.11.2017, W.P.No.55344/2017 came to be filed by the
complainant-Trust. The Deputy Commissioner had passed an
order dated 08.01.2016 rejecting the request of the
complainant-Trust for conversion of land, and this order was
challenged by the complainant-Trust by filing
W.P.No.3848/2021.

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9. The aforesaid writ petitions were clubbed together and
the learned Single Judge, vide judgment and order dated
30.06.2021, allowed the writ petitions. The respondent-
authorities were directed to deliver to the complainant-Trust all
that piece and parcel of lands the possession of which was
taken on 07.12.2017 as per three mahazars. The order passed
by the Deputy Commissioner dated 08.01.2016 was also
quashed. In view of the declaration that the lands were no
longer agricultural lands, the learned Single Judge held that no
further orders were necessary. The complainant-Trust was also
given the liberty to seek conversion of 3 acres 20 guntas of
land in Survey Nos.37/1P and 40/1 of Herohalli Village,
Bengaluru, if so advised. It was further noted that the
complainant-Trust, in the meantime, had lost 78 acres of
valuable land due to acquisition by BDA and encroachment.

10. In the meantime, the land was notified for acquisition
under the provisions of the Bangalore Development Authority
Act. Challenging the acquisition proceedings, W.P.
No.37140/2000 c/w W.P.No.3884/1999 came to be filed which
were disposed of vide order dated 03.02.2025. By virtue of the

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said order, the acquisition of the complainant-Trust's land to
the extent of 272 acres both in Srigandhadakaval and Herohalli
Villages was upheld. The appeals against the said order, being
W.A.No.250/2025 c/w W.A.No.260/2025, came to be dismissed
vide order dated 30.01.2026 and the complainant-Trust's
Special Leave Petitions in SLP Nos. 8773-8774/2026 also came
to be dismissed by the Supreme Court vide order dated
27.04.2026. Thus, the acquisition notifications in respect of the
complainant-Trust's land to the extent of 272 acres came to be
upheld and became final.

11. In view of the fact that the land acquisition proceedings in
respect of 272 acres of land of the complainant-Trust have
been upheld, the complainant-Trust cannot allege non-
compliance of the judgment and order dated 30.06.2021
passed in W.P.No.55344/2017 c/w W.P.No.3848/2021 directing
the respondent-authorities to deliver possession of the lands
taken under three mahazars on 07.12.2017.

12. The complainant-Trust, therefore, on 30.07.2026, filed a
memo stating that the respondents should be directed to

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handover 32 acres 7 guntas of land as against the complainant-
Trust's original demand of 361 acres 21 guntas. In paragraph
16 of the memo, the complainant-Trust has indicated the
extent of land and the survey numbers which are to be handed
over to it. The tabular column in paragraph 16 of the memo is
extracted hereunder:-
Sy.
Balance Land to be
handed over as per High
Court order dated
30.06.2021
Land acquired
by BDA*/APMC
Balance lands
to be handed
over after
APMC/BDA
acquisition
No.




A-G
A-G
A-G
34 4-01 - 4-01
37 6-10 0-34* 5-16
40 6-04 2-16* 3-28
52/2 52-25 45-01 7-24
43/1 23-21 12-03 11-18
12/1 2-26 2-26 -
95-07 63-00 32-07

13. The respondent-authorities agreed to handover 32 acres
7 guntas of land to the complainant-Trust. The complainant-
Trust had agreed that the respondent-authorities should
initially handover possession of 16 acres 15 guntas of land.

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Pursuant to the same, the first notice was issued expressing
the intention of the respondent-authorities to handover 16
acres 15 guntas of land on 31.07.2026. Though the
representatives of the complainant-Trust were present, they
refused to take possession on 31.07.2026 of 16 acres 15
guntas of land. A mahazar was drawn to this effect which has
been placed on record along with the affidavit of compliance
dated 14.10.2026. Further, two more attempts were made by
the respondent-authorities to handover the possession i.e., on
15.09.2026 and 28.09.2026. Although the representatives of
the complainant-Trust were present along with their surveyor
on 28.09.2026, they refused to take possession of the lands
measuring 16 acres 15 guntas in Survey Nos.34/1b, 34/2,
34/3, 34/4a, 37, 40/1, 40/2 and 40/3. The mahazars dated
15.09.2026 and 28.09.2026 drawn to this effect have been
annexed to the affidavit of compliance dated 14.10.2026. The
balance land out of 32 acres 7 guntas is alleged to have been
encroached upon and illegal constructions have been put up.

14. It is stated that illegal constructions were there even
before taking over the possession under three mahazars on

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07.12.2017. Mr. Udaya Holla, learned Senior Counsel appearing
for the complainant-Trust, however, has disputed the fact that
illegal constructions were put up before 07.12.2017. This is a
disputed question of fact which cannot be subject matter of a
contempt petition. However, the State authorities should
remove the illegal constructions which have been put up after
07.12.2017 in respect of the balance land out of 32 acres 7
guntas inasmuch as the land came to the possession of the
State in view of the three mahazars on 07.12.2017. If any
unauthorised construction has been put up, it is the duty of the
State Authorities to remove the same. However, the State has
no duty/obligation to remove any construction which was put
up before 07.12.2017.

15. We, therefore, close the present contempt petition with a
direction to the State Authorities to remove the unauthorised
constructions which have come up after 07.12.2017 as directed
by this Court vide order dated 30.07.2026. We further direct
the complainant-Trust to take possession of 16 acres 15 guntas
of land, and take possession of the balance land after removal
of encroachment/unauthorised constructions by the State

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Authorities, which have been put up after 07.12.2017. The
State Authorities should remove the unauthorised constructions
which have come up after 07.12.2017 within a period of one
month and handover possession of the balance land to the
complainant-Trust after removal of the unauthorised
constructions which have come up after 07.12.2017.

16. With the aforesaid, the present contempt proceedings are
closed and the contempt notice stands discharged.

Pending IAs, if any, do not survive for consideration and
accordingly, they stand disposed of.


Sd/-
(D K SINGH)
JUDGE


Sd/-
(H.SHANTHI BHUSHAN)
JUDGE


BVK
List No.: 2 Sl No.: 14