Dismissed

Appaji S/O Jogaiah v. the State of Karnataka

Karnataka HC29 Jan 2013WP/40133/2011

Case brief

AI extract

What is this about?

Petitioner prayed to quash an endorsement rejecting a land grant application and direct issuance of a certificate for regularized occupation. The Court found an alternative remedy before the Assistant Commissioner and dismissed the writ petition.

What did the court decide?

Writ petition disposed of with reservation of liberty to prefer appeal before the Assistant Commissioner.

Appaji S/O Jogaiah Vs the State of Karnataka — Land Acquisition | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 29TH DAY OF JANUARY 2013

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BEFORE

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THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY

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WRIT PETITION No.40133/2011(KLR-RES)

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BETWEEN :

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APPAJI S/O JOGAIAH AGED ABOUT 60 YEARS OCC AGRICULTURE, R/AT KAKARAMANAHALLI, BIDADI HOBLI, RAMANAGARAM TALUK & DIST

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...PETITIONER ( BY SRI. S L KAMTAR,ADV., )

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AND :

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1 THE STATE OF KARNATAKA BY ITS SECRETARY

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REVENUE DEPARTMENT M S BUILDING,

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BANGALORE 560 001

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2 THE LAND GRANT COMMITTEE CONSTITUTED UNDER SECTION 94-A OF THE KLR ACT, BY ITS SECRETARY/TAHSILDAR RAMANAGARAM RAMANAGARAM DISTRICT

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3 THE DEPUTY COMMISSIONER RAMANAGARAM RAMANAGARAM DISTRICT

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4 THE ASSISTANT COMMISSIONER RAMANAGARAM RAMANAGARAM DISTRICT

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5 THE TAHSILDAR RAMANAGARAM RAMANAGARAM DISTRICT

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...RESPONDENTS ( BY SRI. R.B.SATHYANARANA SINGH, HCGP. )

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DT 4.7.11 VIDE ANNX-H, DIRECT THE R5 TO ISSUE GRANT CERTIFICATE IN FAVOUR OF THE PETITIONER FOR HAVING REGULARIZED THE UNAUTHORIZED OCCUPATION OF THE PETITIONER OVER THE GOVT LAND BEARING SY NO.75 TO AN EXTENT OF 2 ACRES 36 GUNTAS OF MUDDAPUR KARENAHALLI VILLAGE, BIDADI HOBLI, TALUK AND DIST. RAMANAGAM.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, COURT MADE THE FOLLOWING:

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ORDER

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This writ petition is filed under article 226 and 227 of Constitution of India praying to quash the impugned endorsement dt 4.7.11 vide Annexure-H, direct the respondent No.5 to issue grant certificate in favour of the petitioner for having regularized the unauthorized occupation of the petitioner over the govt land bearing Sy No.75 to an extent of 2 acres 36 guntas of Muddapur Karenahalli village, Bidadi Hobli, Taluk and District. Ramanagam.

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I have heard the learned counsel appearing for

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both side.

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As per the direction, respondents secured records

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and it is found that there is an alternative remedy to prefer appeal before the Assistant Commissioner as against Annexure-H endorsement with regard to rejection of application of the petitioner. Therefore, the writ petition cannot lie. Under these circumstances, this petition stands disposed of. Reserving liberty to the petitioner to avail alternative remedy.

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Rms

Appaji S/O Jogaiah v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Appaji S/O Jogaiah v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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