Disposed

Maruti Chavan S/O Jayasingh v. the Govt. of Karnataka

Karnataka HC15 Feb 2019WP/105524/2018

Case brief

AI extract

What is this about?

This is a preliminary hearing writ petition challenging allotment of government land. The High Court held that petitioners must file an application under Section 94-B of the Karnataka Land Revenue Act and Rule 108-CC instead of relying on representation. Petitions disposed with liberty to approach competent authorities.

What did the court decide?

Petitions disposed with liberty to approach competent authorities by filing appropriate applications as mandated under provisions of the Act.

Maruti Chavan S/O Jayasingh Vs the Govt. of Karnataka — Land Acquisition | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 15^TH DAY OF FEBRUARY, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE G.NARENDAR

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WRIT PETITION Nos.105524/2018 and 106064/2018 (KLR-LG)

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BETWEEN:

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MARUTI CHAVAN S/O JAYASINGH, AGE: 36 YEARS, OCC:RETIRED ARMY MAN AND AGRICULTURIST, R/O BHAGATH SINGH NAGAR, GANGAVATHI, DIST:KOPPAL.

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JAYASINGH CHAVAN S/O PREMA CHAVAN, AGE: 65 YEARS, OCC:AGRICULTURIST, R/O BHAGATH SINGH NAGAR, GANGAVATHI, DIST:KOPPAL. ...PETITIONERS

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(BY SRI CHETAN T.LIMBIKAI, ADVOCATE)

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A N D :

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THE GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, REPRESENTED BY ITS SECREARY, VIDHANA SOUDHA, BENGALURU.

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THE DEPUTY COMMISSIONER, DC OFFICE, KOPPAL.

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THE TAHASILDAR, TAHASILDAR OFFICE, GANGAVATHI. ...RESPONDENTS

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(BY SRI RAJA RAGHAVENDRA NAIK, HCGP)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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DIRECT THE RESPONDENTS TO ALLOT THE GOVERNMENT LAND SY.NO.28/2 OF SIDDAPUR VILLAGE TO THE EXTENT OF 04-00 ACRES EACH OUT OF 19 ACRES 27 GUNTAS LAND TO THE PETITIONERS IS CONCERNED VIDE ANNEXURE-"C" DATED:12.08.2017 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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ORDER

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Heard the learned counsel for the petitioners and the learned High Court Government Pleader.

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Petitioners are before this Court praying for the issuance of a writ of mandamus thereby directing the respondents to allot the government land comprised in Sy.No.28/2 of Siddapur village to the extent of 4 acres each.

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It is submitted that vide Annexure-B, the petitioners had made a representation to the 4^th respondent-Tahsildar and that the representation dated 12.08.2017 is produced as Annexure-C to the writ petitions but despite passage of time, the same are yet to be considered and disposed off.

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Per contra, learned High Court Government Pleader would submit that the petitioners are required to make an appropriate application in terms of Section 94-B of the Karnataka Land Revenue Act, 1964 read with Rule 108-CC of the Karnataka Land Revenue Rules, 1966, and that the representation would not meet the requirement as stipulated under the Act and the Rules. In that view of the matter, the petitions are disposed of with a liberty to the petitioners to approach the competent authorities by filing appropriate applications as mandated under the provisions of the Act. With such liberty, petitions stand disposed off.

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(Sd/-) JUDGE

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jm/-

Maruti Chavan S/O Jayasingh v. the Govt. of Karnataka

Case brief

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Maruti Chavan S/O Jayasingh v. the Govt. of Karnataka

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