Partly allowed

Smt Nalini v. Smt Tara N Chandavarkar

Karnataka HC6 Sept 2021WA/154/2021

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a writ appeal filed to set aside the single judge's order dismissing a writ petition. The admission was that the Appellate Tribunal rightly set aside a Land Tribunal order. The Court dismissed the appeal but directed the Land Tribunal to expeditiously decide the original application dated 16.12.1974 filed by the mother of the appellants for grant of occupancy r

What did the court decide?

The writ appeal was disposed of with a direction to the Land Tribunal to expeditiously decide the application filed by the mother of the appellants on 16.12.1974 for grant of occupancy rights.

Smt Nalini Vs Smt Tara N Chandavarkar — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF SEPTEMBER 2021

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PRESENT

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THE HON’BLE MR. JUSTICE ALOK ARADHE

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AND

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THE HON’BLE MR.JUSTICE HEMANT CHANDANGOUDAR

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W.A. NO.154 OF 2021 (LR)

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BETWEEN:

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SMT NALINI D/O LATE LAITHA

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AGED ABOUT 76 YEARS

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HEMA S SALIAN @ HEMAVATHI D/O LATE LALITHA AGED ABOUT 74 YEARS

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M KAMALAKSHA S/O LATE LALITHA AGED ABOUT 72 YEARS

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RAMACHANDRA S/O LATE LALITHA AGED ABOUT 65 YEARS

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JAGANNATHA S/O LATE LALITHA AGED ABOUT 63 YEARS

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ALL ARE R/AT 'RAVI NIVAS' MAROLI, KULASHEKARA MANGALURU - 560 005

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... APPELLANTS

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(BY SRI.VISHWAJITH RAI M., ADVOCATE)

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AND:

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SMT TARA N CHANDAVARKAR D/O LATE N RAMA RAO SINCE DEAD BY HIS LRS

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1(a). SMT LALITHA MULHEKAR D/O LATE TARA N CHANDRAVARKAR AGED ABOUT 77 YEARS

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1(b). SMT ILA CHANDAVAKAR D/O LATE TARA N CHANDAVARKAR AGED ABOUT 77 YEARS

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1(c). SRI PREMANAND CHANDAVARKAR S/O LATE TARA N CHANDAVARKAR AGED ABOUT 77 YEARS

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1(d). SRI SAMIR KRISHNAMURTI GRAND D/O LATE TARA N CHANDAVARKAR AGED ABOUT 45 YEARS

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ALL ARE R/A PRANAM #7, PALACE CROSS ROAD BENGALURU - 560 020

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SMT SHANTHA A GERSAPPE D/O LATE N RAMA RAO AGED ABOUT 72 YEARS R/O NO.7/8, 2^ND CROSS PALACE CROSS ROAD BENGALURU - 560 020

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SRI N SUBBAN SHIVA RAO S/O LATE N SHIVA RAO AGED ABOUT 65 YEARS R/A NO.17, MILTON STREET COOKE TOWN BENGALURU-560005

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SMT PRAMBI ROW D/O LATE N SHIVA RAO AGED ABOUT 72 YEARS R/A NO.11, LLOYD ROAD COOKE TOWN

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BENGALURU - 560 065

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SMT SHEILA P BARUA D/O LATE N SHIVA RAO AGED ABOUT 72 YEARS R/O SHILPUKRI GOWHATI ASSAM STATE

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THE COMPETENT AUTHORITY KARNATAKA LAND REFORMS AND HEAD QUARTERS ASSISTANT DEPUTY COMMISSIONERS OFFICE DAKSHINA KANADA MANGALURU - 575 001

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STATE OF KARNATAKA REPRESENTED BY ITS REVENUE SECRETARY M S BUILDING BENGALURU - 560 001

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... RESPONDENTS

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(BY SRI.S. RAJASHEKAR, AGA)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 12.01.2021 IN W.P. NO. 16970/2013 (LR) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND DISMISS THE SAID WRIT PETITION.

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THIS W.A. COMING ON FOR PRELIMINARY HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri. Vishwajith Rai M., learned counsel for the appellants.

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Sri. S. Rajashekar, learned AGA for respondent Nos.6 and 7.

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In this intra Court appeal filed under Section 4 of the Karnataka High Court Act, 1961, the appellant has assailed the validity of the order dated 12.01.2021 passed by the learned Single Judge by which the writ petition preferred by the appellants has been dismissed

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Facts leading to filing of this appeal briefly

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stated are that the appellants' mother was in possession of the lands in Sy.No.71/1 situated in Maroli Village. The mother of the appellants filed an application for grant of occupancy right in Form No.7 under Section 48A of the Karnataka Land Reforms Act, 1961 on 16.12.1974. The Land Tribunal did not decide the aforesaid application. During the pendency of the proceedings before the Land Tribunal, the petitioner filed an application in Form No.7A for grant of Occupancy rights on 23.01.1999. The Land Tribunal by an order dated 30.08.2006, granted occupancy rights in respect of the land measuring 50 cents in Sy. No.71-1A1.

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The aforesaid order was challenged before the Karnataka Appellate Tribunal. The Karnataka Appellate Tribunal by an order dated 30.03.2012 set aside the order passed by the Land Tribunal and directed the Land Tribunal to decide the application filed by the mother of the appellants on 16.12.1974 for grant of occupancy rights of the land in question. The aforesaid order was challenged in a writ petition by the appellants. The aforesaid writ petition has been dismissed by the learned Single Judge by an order dated 12.01.2021. However, directions has been issued to the Land Tribunal to decide the application filed by the mother of the appellants on 16.12.1974 in accordance with law.

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We have considered the submissions made

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by learned counsel for the parties and perused the material on record. Section 48A of the Karnataka Land Reforms Act, 1961 prescribes the cut off date as 18.06.1979. Admittedly, the appellants mother has filed

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Form No.1 and subsequently, they could not file Form No.7 in respect of the same land. Therefore, the Karnataka Appellate Tribunal has rightly set aside the order passed by the Land Tribunal, which has been upheld by the learned Single Judge. However, the appeal is disposed of with a direction to the Land Tribunal to expeditiously decide the application dated

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16.12.1974 submitted by the mother of the appellants.

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Accordingly, appeal is disposed of.

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Sd/JUDGE

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Sd/JUDGE

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Mds.

Smt Nalini v. Smt Tara N Chandavarkar

Case brief

What is this about?

What did the court decide?

Smt Nalini v. Smt Tara N Chandavarkar

Case brief

What is this about?

What did the court decide?

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