Disposed

Sri.Shivamurthayya Gangayya Hiremath v. State of Karnataka

Karnataka HC30 Mar 2021WP/108753/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking regularization of unauthorized land occupancy. The court directed the respondent authority to consider the pending application within four months, maintained the status quo of possession, and consigned related pending applications to the record room.

What did the court decide?

Directed respondent No.4 to consider the application for regularization within four months; parties to maintain status quo on possession; pending applications consigned to record room.

Sri.Shivamurthayya Gangayya Hiremath Vs State of Karnataka — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 30^th DAY OF MARCH 2021

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO.108753 OF 2018 (KLR-REG)

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BETWEEN:

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Sri Shivamurthayya Gangayya Hiremath Aged about 63 years, Occ: Agriculture

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Smt. Shantavva Shivamurthayya Hiremath Aged about 57 years, Occ: Agriculture

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Sri Lochannayya Gangayya Hiremath Aged about 54 years, Occ: Agriculture

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Smt. Suvarna Lochannayya Hiremath Aged about 48 years Occ: Agriculture

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Sri Gadagayya Gangayya Hiremath Aged about 51 years Occ: Agriculture

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Smt. Roopa Gadagayya Hiremath Aged about 45 years Occ: Agriculture

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Sri Shrishankarayya Gangayya Hiremath Aged about 49 years Occ: Agriculture

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Sri Jayshanykarayya Gangayya Hiremath Aged about 45 years Occ: Agriculture

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All are residents of At Post Mulkeri Tq-Shiggaon

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Dist. Haveri ...Petitioners

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(By Sri Sunil S. Desai, Advocate)

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AND:

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1 . State of Karnataka Represented by its Secretary Department of Revenue

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M.S. Building, Bengaluru-01

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2 . Deputy Commissioner Deputy Commissioner’s Office

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Haveri

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3 . Assistant Commissioner Office of Assistant Commissioner Savanur Sub-Division, Savanur

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The Regularisation of Unauthorised Committee Represented by its Chairman Savanur Dist: Haveri

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Tashildar

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The office of Tashildar Shiggaon, Dist Haveri

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Revenue Inspector Shundasi Tq: Shiggaon

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Dist: Haveri ….Respondents

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(By Sri V.S. Kulkarni AGA for R1-R6)

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This WP is filed Under Articles 226 And 227 of the Constitution Of India praying to issue any writ of mandamus or order or direction, directing the respondents to consider the application/representation of petitioners dated 5.10.1998 as per annexure and applications at annexure for regularization of land R.S.No.9 measuring 9 Acre 31 Gunta Situated at Bhadrapur Village, in the interest of justice and equity.

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This Writ Petition Coming On for Orders in ‘B’ Group this Day, the Court made the following:

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ORDER

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Heard.

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Petitioners who are in possession and enjoyment of

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land bearing R.S.No.9 measuring 9 acres 31 guntas situated at Bhadrapur Village, Shiggaon Taluk, Haveri District, have filed this writ petition seeking for a direction to consider the representation dated 5.10.1998 at Annexure-B for regularization of their unauthorized occupancy in respect of land in question.

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Petitioners grievance is that the said

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application/representation is pending for more than 20 years and the same is not considered even to this day.

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Learned Additional Government Advocate submits

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that the application filed by the petitioners on earlier occasion came to be rejected and the same was challenged before this Court in W.P.No.5321/1997 and this Court by order dated 8.9.1998 directed the petitioner to avail alternative remedy of appeal provided under the Karnataka Land Revenue Act.

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Learned counsel appearing for the proposed respondent No.7 submits that application is filed by respondent No.7 before the revenue authorities for regularization of unauthorized occupation of the very same land in question and the authority is not considering the said application in view of the pendency of this writ petition.

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Admittedly, the petitioners have filed an application under Section 94 (A) of the Karnataka Land Revenue Act and the same is pending consideration. Hence, it is incumbent on respondent No.4 to consider the application filed by the petitioners and pass appropriate orders.

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Therefore, it is expedient to dispose of the writ petition by directing respondent No.4 to consider the application/representation dated 5.10.1998 Annexure-B submitted by the petitioner for regularization of the unauthorized occupation in respect of land bearing R.S.No.9 measuring 9 acres 31 guntas situated in Bhadrapur Village, Shiggaon Taluk, Haveri District and pass appropriate orders in accordance with

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law within a period of four (4) months from the date of receipt of copy of this order.

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All contentions are kept open.

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Parties are hereby directed to maintain status quo with

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regard to possession in respect of land in question till the disposal of the application by respondent No.4.

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Accordingly, writ petition stands disposed of.

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In view of the disposal of this writ petition, all pending

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applications stands consigned to the record room.

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Sd/-

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JUDGE

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Sri.Shivamurthayya Gangayya Hiremath v. State of Karnataka

Case brief

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What did the court decide?

Sri.Shivamurthayya Gangayya Hiremath v. State of Karnataka

Case brief

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