Allowed

Smt. Nalini W/O Sri Venkatrao Sawrikar Ors. v. the Principal Secretary Ors.

Karnataka HC3 Aug 2012WP/82266/2012

Case brief

AI extract

What is this about?

Court allowed writ petitions in nature of certiorari under Articles 226 and 227 of the Constitution, relying on a previous order in connected matters, quashed impugned communication office memorandum and mutation entries, and remanded to Tahsildar for appropriate orders after providing opportunity to parties.

What did the court decide?

Impugned orders Ann-C, C1, C2 dated 05.05.2011, 18.08.2011 and 30.09.2011 are quashed. Matter remanded to Tahsildar to pass appropriate orders after giving opportunity to parties.

Smt. Nalini W/O Sri Venkatrao Sawrikar Ors. Vs the… — Landlord and Tenant | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA

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DATED THIS THE 3^RD DAY OF AUGUST 2012

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BEFORE

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THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS

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W.P.Nos.82266-272/2012(GM-WAKF)

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BETWEEN:

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SMT. NALINI W/O SRI VENKATRAO SAWRIKAR AGED ABOUT 77 YEARS, OCC: HOUSEHOLD

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SRI. SADASHIV S/O VENKATRAO SAWRIKAR AGED ABOUT 58 YEARS

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OCC: CHARTERED ACCOUNTANT

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THE PETITIONERS 1 & 2 R/O PLOT NO. 390, ROAD, NO. 22 B JUBILEE HILLS, HYDERABAD

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SMT. MEENA W/O SRI NITIN SAWRIKAR AGED ABOUT 43 YEARS, OCC: HOUSEHOLD R/O 3-8-42/C-1003, 9^TH FLOOR NANDANAM APARTMENTS FATHEH SULTAN LANE, NAMPALLI HYDERABAD

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SMT. MEERA W/O SRI RAMCHANDRA RAGHOJI AGED ABOUT 45 YEARS, OCC HOUSEHOLD

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SRI RAMCHANDRA S/O DAMODAR RAGHOJI AGED ABOUT 53 YEARS, OCC: BUSINESS

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THE PETITIONERS 4 & 5 R/O MANUSHREE COMPLEX MAHALAXMI LAYOUT OPP. GANDHI NAGAR HUMANABAD ROAD GULBARGA - 4

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RAMESH S/O VAMANRAO KAMALAPURKAR AGED ABOUT 53 YEARS OCC: CHARTERED ACCOUNTANT 7. SMT. KAVITA W/O RAMESH KAMALAPURKAR AGED ABOUT 46 YEARS OCC: HOUSEWIFE PETITIONERS 6 & 7 ARE R/O H.NO.3-218 GAZIPURA GULBARGA – 585 101

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... PETITIONERS

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(BY SRI ASHOK B. MULGE, ADVOCATE)

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AND:

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THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, BANGALORE – 560 001

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THE SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, BANGALORE – 560 001

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REGIONAL COMMISSIONER GULBARGA DIST. GULBARGA – 585 101

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THE DEPUTY COMMISSIONER GULBARGA

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DIST. GULBARGA – 585 101

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THE ASSISTANT COMMISSIONER GULBARGA DIST. GULBARGA – 585 101

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THE TAHASILDAR GULBARGA DIST. GULBARGA – 585 101

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THE KARNATAKA STATE BOARD OF WAKFS “DARULA A WAKF”, NO.6 CUNNINGHAM ROAD, BANGALORE – 560 052 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

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... RESPONDENTS

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(BY SRI MALLIKARJUN SAHUKAR, HCGP FOR R1 – R6, SRI A. VIJAYKUMAR, ADVOCATE FOR R7)

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THESE WRIT PETITIONS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OF DIRECTION, QUASHING THE COMMUNICATION OFFICE MEMORANDUM AND MUTATION ENTRY UNDER ANNEXURE-C, IN NO: ¸ÀA.PÀA.¨ÀsÆ¸ÀÄ/ªÀPÀá/3/2011-12 DATED 05.05.2011 AND ETC.

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THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Sri Shivakumar R. Tengli, learned AGA is directed

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to take notice for respondent Nos.1 to 6. Sri

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A.Vijaykumar, learned standing counsel is directed to

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take notice for respondent No.7.

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In these writ petitions, petitioners have prayed for writ in the nature of certiorari to quash the orders dated 05.05.2011, 18.08.2011 and 30.09.2011 Annexures-C, C1 and C2 respectively.

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Learned counsel on both side submits that identical issue came up for consideration before this Court in W.P.Nos.81769-773/2011 and connected matters vide order dated 26.08.2011 partly allowed the writ petitions and remanded the matter to the Tahsildar to pass appropriate orders. For the reasons stated in the order in W.P.Nos.81769-773/2011 and connected matters, these writ petitions are hereby allowed. The impugned orders Annexures-C, C1 and C2 are hereby quashed. The matter is remanded to respondent No.6 - Tahsildar to pass appropriate orders in accordance with law after providing opportunity to both the parties.

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Ordered accordingly.

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Three weeks time is granted to file memo of

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appearance.

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NB*

Smt. Nalini W/O Sri Venkatrao Sawrikar Ors. v. the Principal Secretary Ors.

Case brief

What is this about?

What did the court decide?

Smt. Nalini W/O Sri Venkatrao Sawrikar Ors. v. the Principal Secretary Ors.

Case brief

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