JUDGMENT 1. We find the proceedings in the present Contempt petition are rather strange. The over ambitious complainant and incompetent Government want to get a certificate from judiciary to cover up their defects and deficiencies and without even following the due procedure contemplated in law, paving way for coffers of the state being plundered by avaricious officials, corrupt politicians in favour of greedy citizens. 2. Such appears to be the state of affairs in the present contempt petition. Complaint in this petition is that notwithstanding a direction issued by this Court in W.P.No. 20113/2007 as per order dated 20.12.2007, which reads as under: “The respondents are directed to consider the representation vide Annexure-E, F and G dated 25.05.2007 and 18.08.2007 respectively in accordance with law and pass appropriate orders thereon as expeditiously as possible, but not later than the outer limit of six months from the date of receipt of a copy of this order. If Petitioners property is really made use of by the respondents, he will have to be paid compensation in accordance with law. The Writ Petition is disposed accordingly.” The respondents viz., the Deputy Commissioner, Koppal, the Asst. Commissioner and the Land Acquisition Officer, Koppal, Executive Engineer, No.1,Tunga Bhadra Dam, Munirabad, Koppal, the Asst. Executive Engineer, Hirehalla project, Kinal Sub Division, Koppal, arrayed as respondents 1 to 4 in writ petition so also in the contempt petition, have been indolent, inactive and different to court orders. 1. 3. Notice had been issued to respondents-accused in this contempt petition as per order dated 06.02.2009. It is thereafter, a drama of Government Advocate seeking time purporting to be for the purpose of filing some counter/ reply on behalf of respondent/accused is being enacted. 4. It appears later, the learned Government Advocate appearing for State Government has changed his tune by submitting that the respondents are seeking time for compliance. 5. More strangely, order sheet indicates that on 09.10.2009 the learned Government Advocate had undertaken to appear for respondents 1 to 3 and to file counter in two weeks and steps had to be taken for service of notice on respondent no.4 etc., but when the matter was listed on 09.03.2010, the Government Advocate had requested a week’s time for reporting compliance. On 17.03.2010 the matter was adjourned at the request of the learned Government Advocate.
On 17.03.2010 the matter was adjourned at the request of the learned Government Advocate. When the matter was listed before this Bench on 24.03.2010, we noticed that replay/counter filed on behalf of the respondents was vague, nebulant and not making much sence. Submission of learned Government Advocate was no better. In such a state of affairs, matter was adjourned for filing better affidavit and improving upon the submission of learned Government Advocate. 6. Today, the matter is listed reporting compliance. 7. We are very distressed by the manner of misuse of writ jurisdiction as also contempt jurisdiction of this Court by litigants without bonafides and an irresponsible governance and the contempt petition is made to seek blessing of this court on the irregularities and illegalities committed by the bureaucrats and their political bosses. 8. Such development in a democracy is a threat to rule of law. In a governance by the state under a written Constitution where all the organs, the executive, legislature and the judiciary function under constitution , the constitutional system manadates that the rule of law should prevail. All authorities should function within the limits of the Constitution and the laws made thereunder. 9. In so far as awarding compensation to land owners is concerned, whenever State acquires such lands by using its superior power of eminent domain without leaving any option to the owner of the land, the procedure as contemplated under Lande Acquisition Act has to be followed beginning with issuance of Section 4 notification ending with passing of award under section 12 of the Act. It is only after going through such procedure, owner becomes entitled to receive compensation in lieu of lands acquired by the state. 10. If the owner is still aggrieved with quantum of compensation awarded by the Land Acquisition Officer, the Act provides for further avenues. Such is the statutory provision and procedure if rule of law is to work in the State. It appears that the complaint was that his land had been acquired without a 4(1) notification etc., Such is the submission of Sri. K. Anand Kumar, learned counsel for the complainant. Even if the State Government does some illegal act not permitted in law, such illegal acts cannot be given colour of legal act by a post-facto understanding between the State and the particular owner of the land. 11.
K. Anand Kumar, learned counsel for the complainant. Even if the State Government does some illegal act not permitted in law, such illegal acts cannot be given colour of legal act by a post-facto understanding between the State and the particular owner of the land. 11. While that may be beneficial for the individual owner, that is hazardous for all other citizens of the country as permitting such a thing to happen is nothing but allowing laissez faire and the state being relieved of its obligation to adhere to the rule of law. If the courts also bless such irregularities and illegalities that would definitely portend the end of democratic rule of law and a constitutional Government. 12. Therefore, irrespective of the order passed in the writ petition by the learned single judge, we are not persuaded to exercise our contempt jurisdiction to ensure such irregularities, illegalities are perpetuated. 13. Exercise of contempt jurisdiction in a matter of this nature would only send a very wrong signal to the citizens of this country and may give a wrong impression that courts have also become partners in perpetuating such illegalities. Such cannot be the position. Therefore we decline to exercise our contempt jurisdiction in a matter of this nature and we dismiss the contempt Petition.