Disposed

Sri. Praveen Irappa Baligar @ Kasar v. the Deputy Commissioner

Karnataka HC17 Jan 2020WP/104754/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of writ petitions seeking directions for resurvey, re-assessment, and removal of 'phot kharab' entry for petitioner lands. The court directed respondents to consider petitioners' representations within three months.

What did the court decide?

Respondents directed to consider petitioners' representations regarding re-survey and re-assessment of lands and to delete 'phot kharab' entry by collecting price within three months.

Sri. Praveen Irappa Baligar @ Kasar Vs the Deputy… — Land Acquisition | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 17^th DAY OF JANUARY, 2020

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BEFORE

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THE HON’BLE MR.JUSTICE S.G. PANDIT

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WRIT PETITION Nos.104754-4755/2018 (KLR-RR/SUR)

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BETWEEN:

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SRI. PRAVEEN IRAPPA BALIGAR @ KASAR AGE: 24 YEARS, OCC: AGRICULTURE, R/O: LOKAPUR (VENKATAPUR), TQ: MUDHOL, DIST: BAGALKOTE, PIN CODE: 587122.

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SRI.HOLEBASU SHANKREPPA BALIGAR @ KAJAR AGE: 36 YEARS, OCC: AGRICULTURE, R/O: LOKAPUR (VENKATAPUR), TQ: MUDHOL, DIST: BAGALKOTE, PIN CODE: 587122.

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... PETITIONERS

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(BY SRI. R K KULKARNI, ADVOCATE)

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AND

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THE DEPUTY COMMISSIONER BAGALKOTE DISTRICT, BAGALKOTE.

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THE ASSISTANT COMMISSIONER JAMKHANDI SUB DIVISION, JAMKHANDI, BAGALKOTE DISTRICT.

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THE TAHASHILDAR TALUKA MUDHOL, BAGALKOTE DISTRICT.

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THE DEPUTY DIRECTOR FOR LAND RECORDS, FOR BAGALKOTE,

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OFFICE OF THE

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DISTRICT ADMINISTRATION BUILDING, BAGALKOTE DISTRICT, BAGALKOTE.

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THE ASSISTANT DIRECTOR FOR LAND RECORDS FOR MUDHOL TALUKA MUDHOL, BAGALKOTE DISTRICT.

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... RESPONDENTS

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(BY SRI. PRAVEEN K UPPAR, HCGP FOR R1 TO R5)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ORDER FOR RE-SURVEY OF THE LANDS COVERED IN RS NO.36/3 AND 36/4 OF CHOUDAPUR VILLAGE IN MUDHOL TALUKA DISTRICT BAGALKOT AND TO RE-ASSESS THE LAND INCLUDING THE POT KHARAB BY COLLECTING THE PRICE FROM THE PETITIONERS AS THEY ARE CULTIVATING IT SINCE LONG TIME BY IMPROVING THE LANDS.

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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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The petitioners are before this Court under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to consider their representations at Annexures-J, K, L, M and N dated 3.7.2018, 13.06.2018, 11.07.2018 respectively, by which they have sought for resurvey and re-assessment of their lands including phot kharab and also to delete entry of “Phot kharab” by collecting price.

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It is stated that the petitioners have

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improved and cultivating the phot kharab land. It is further stated that the respondents have made representations to the respondents for resurvey and reassessment of the lands in their occupation, if necessary by spot inspection.

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Sri. Praveen K Uppar, learned HCGP accepting the notice for respondents 1 to 5 submits that the respondents would consider the representations made by the petitioners, if they are not already disposed of in accordance with law, particularly keeping in mind the decision of this Court in the case of L.A. Krishnappa Vs. The State of Karnataka & Others, 2009 (4) KCCR 2735 and ILR 2004 KAR 5099 .

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Taking note of the above submission of the learned HCGP and looking to the nature of relief sought, these writ petitions are disposed of directing respondents to consider the above said representations of the petitioners at Annexures-J, K, L, M and N dated

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3.7.2018, 13.06.2018, 11.07.2018 respectively in

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accordance with law within a period of three months from the date of receipt of a certified copy of this order.

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It is open for the petitioners to file additional

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representation and it is also open for the respondents to call for any information required for consideration of the representation from the petitioners.

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Sd/JUDGE

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JTR

Sri. Praveen Irappa Baligar @ Kasar v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Sri. Praveen Irappa Baligar @ Kasar v. the Deputy Commissioner

Case brief

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What did the court decide?

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