Allowed

Sri D N Chandrashekaraiah v. the State of Karnataka

Karnataka HC4 Apr 2016WP/16829/2016

Case brief

AI extract

What is this about?

Petitioners sought restoration of lands distrusted by respondents despite an earlier court order for regularization consideration. Court restrained respondents from disturbing possession pending application processing, relying on a government circular.

What did the court decide?

Respondents restrained from disturbing petitioners' possession pending processing of their regularization applications.

Sri D N Chandrashekaraiah Vs the State of Karnataka — Land Acquisition | Karnataka HC (2016)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 04^TH DAY OF APRIL, 2016

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BEFORE

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THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

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WRIT PETITION Nos.16829-16840 OF 2016 (KLR - RES)

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BETWEEN:

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Sri. D.N. Chandrashekaraiah S/o Nanjappa, Age: 78 Years R/o Doddihalli, Bicoodu Hobli Belur Taluk, Hassan District -567002

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Sri. Veerannaiah S/o Channadevaraiah, Age:73 years Yedahalli Village, Biccondu Hobli Belur Taluk, Hassan District -567002

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Sri.Rudragowda S/o Puttaswamy Gowda Age:63 years, Thandekre Village Madihally Hobli, Belur Taluk Hassan District -567002

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Sri. D.M. Nanjundaiah S/o Malle Devarau, Age:64 years R/o Doddihalli, Bicoodu Hobli Belur Taluk, Hassan District -567002

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5.	Sri. Shivashankaraiah S/o Nanjappa, Age:83 years R/o Doddihalli, Bicoodu Hobli Belur Taluk, Hassan District -567002
6.	Sri. D.M. Shivakumar
	S/o Mallikarjunaiah, Age:56 years R/o Doddihalli, Bicoodu Hobli Belur Taluk, Hassan District -567002
7.	Smt. Lingamma W/o Mallikarjunaiah, Age:73 years R/o Doddihalli, Bicoodu Hobli Belur Taluk, Hassan District -567002
8.	Sri. D.M. Dharmappa S/o Mallikarjunaiah, Age:51 years R/o Doddihalli, Biccodu Hobli Belur Taluk, Hassan District -567002
9.	Sri. D.M. Kumaraswamy S/o Mallikarjunaiah, Age:48 years R/o Biccodu Hobli, Belur Taluk Hassan District -567002
10.	Sri. D.N. Basavalingaiah
	S/o Nanjappa, Age:71 years R/o Biccodu Hobli, Belur Taluk Hassan District -567002
11.	Sri. C.S. Jagadeeshappa S/o Siddegowda, Age: 73 years R/o Chikkanagalu Village Guddenahalu Post, Palya Post Alur District – 567002

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Sri. Shivananjappa S/o Puttegowda Aged about 58 years R/o Sompura, Doddakanagalu Alur Taluk

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…PETITIONERS (By Shri C.R. Goulay, Advocate) AND:

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The State of Karnataka By its Secretary, Department of Revenue M.S.Building, Bangalore – 560001

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The Deputy Commissioner Hassan District Hassan – 567002

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The Assistant Commissioner Sakaleshpura Sub-Division Sakalaespura Hassan District – 567002

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The Tahsildar Belur, Belur Taluk Hassan District – 567002

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The Land Grant Committee Rep. by Chairman, Belur Belur Taluk, Hassan District – 567002 …RESPONDENTS

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(By Shri Laxminarayan Additional Government Advocate) *****

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These Writ Petitions filed under Articles 226 and 227 of the Constitution of India praying to call for relevant records. Direct the R-3 to consider the application made by these petitioners for restoration of the lands in their favour bearing Sy.No.58 measuring 27.38 acres and Sy.No.59 to the extent of 21.7 acres both situated at Doddihalli Village, Belur Taluk, Hassan District, keeping in mind the order dtd.21.9.2015 passed n W.P.No.1074-1085/2014 vide Annex-D and to pass appropriate and suitable orders.

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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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The present petitions are filed in the face of an earlier order of this Court directing the authorities to consider the case

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of the petitioners for regularization of thier unauthorized occupation.

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Notwithstanding such direction, the matter has not seen any progress and in the meanwhile, the petitioners apprehend that they would be disturbed and may be dispossessed by the respondents and therefore, are before this Court.

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The learned Government Advocate would submit that

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there is already a circular issued by the Government stating that

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in cases where applications are pending and which are acknowledged for consideration of regularization of unauthorized occupation, such occupants would not be disturbed.

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Therefore, the respondents are restrained from disturbing the petitioners’ possession till their applications are processed and final orders are passed. With that observation, the petitions are allowed.

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The learned Additional Government Advocate is permitted to file his memo of appearance within two weeks.

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Sd/JUDGE

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Sri D N Chandrashekaraiah v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri D N Chandrashekaraiah v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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