Dismissed

K Dharmappa S/O. Chinna Gadelingappa v. State of Karnataka

Karnataka HC26 Nov 2021WP/69919/2012

Case brief

AI extract

What is this about?

Writ petition filed to quash a lease cancellation order and direct non-eviction. The High Court dismissed the petition on preliminary facts after the 6th respondent produced a registered sale deed proving ownership, rendering the prayer not maintainable.

What did the court decide?

The writ petition was dismissed in limine based on the production of a memo regarding the sale deed.

K Dharmappa S/O. Chinna Gadelingappa Vs State of… — Landlord and Tenant | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 26^th DAY OF NOVEMBER 2021

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BEFORE

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THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

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W.P.No.69919/2012 (GM-RES)

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BETWEEN

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1 . K DHARMAPPA S/O. CHINNA GADELINGAPPA AGE: 45 YEARS, OCC: AGRICULTURE, R/O. GULYAM VILLAGE, HALAHARAVI MANDA, DIST: KURNOOL, STATE ANDRA PRADESH.

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2 . MOKA MYLARAPPA S/O. MOKA GUDAPPA AGE: 55 YEARS, OCC: AGRICULTURE, R/O. GULYAM VILLAGE, HALAHARAVI MANDA, DIST: KURNOOL, STATE ANDHRA PRADESH.

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3 . MOKA GADILINGAPPA S/O. MOKA GUDAPPA AGE:42 YEARS, OCC: AGRICULTURE, R/O. GULYAM VILLAGE, HALAHARAVI MANDA, DIST: KURNOOL, STATE ANDHRA PRADESH.

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4 . MOKA PRAKASH S/O.MOKA GUDAPPA AGE:40 YEARS, OCC: AGRICULTURE, R/O. GULYAM VILLAGE, HALAHARAVI MANDA, DIST: KURNOOL, STATE ANDHRA PRADESH. ...PETITIONERS

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(BY SRI.MALLIKARJUNSWAMY B HIREMATH, ADV.)

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AND

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1 . STATE OF KARNATAKA DEPARTMENT OF CHARITABLE AND ENDOWMENTS, VIKAS SOUDHA, BANGALORE, BY ITS PRINCIPAL SECRETARY

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: 2 :

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2 . THE COMMISSIONER FOR CHARITABLE AND ENDOWMENTS, K.R. CIRCLE, BANGALORE.

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3 . THE DEPUTY COMMISSIONER, BELLARY, DIST: BELLARY.

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4 . THE SUB REGISTRAR ALURU, KURNOOL, ANDHRA PRADESH.

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5 . EXECUTIVE OFFICER SREE VIRUPAKASHESWAR SWAMY TEMPLE, HAMPI, HOSPET TALUK, DIST: BELLARY.

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6 . S. SIDDANNA GOUDA S/O. ADILINGAPPA R/O. GULYAM, HALAHARAVI MANDAL, DIST: KURNOOL, STATE ANDHRA PRADESH.

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…..RESPONDENTS

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(BY SRI.V S KALASURMATH, HCGP FOR R1-R3; SRI.SRINAND A PACHHAPURE, ADV. FOR R6; NOTICE TO R4 & R5-SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A] QUASH THE ORDER DTD.18.08.2001 PASSED BY THE COMMISSIONER, ENDOWMENTS DEPARTMENT, BANGALORE I.E., THE 2ND RESPONDENT AT ANNEXURE-D. B] DIRECTING 5TH RESPONDENT NOT TO EVICT PETITIONERS WITHOUT FOLLOWING DUE PROCEDURE.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B GROUP’, THIS DAY, THE COURT MADE THE FOLLOWING:

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: 3 :

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ORDER

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It is submitted that the 5^th respondent had issued a notice dated 29.10.1998 for canceling of lease deed and petitioners had chosen not to furnish any reply to the said notice and consequently the lease was cancelled on 05.11.1998.

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It is also stated that the 6^th respondent herein had been initially given lease of the land and subsequently after obtaining permission, he has purchased the property under a registered sale deed dated 08.10.2012 by paying consideration of Rs.1,50,125/-.

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In view of the memo filed by the 6^th respondent to this effect, the prayer made in the writ petition would not survive for consideration and the writ petition is accordingly dismissed.

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Sd/JUDGE

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KGK

K Dharmappa S/O. Chinna Gadelingappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

K Dharmappa S/O. Chinna Gadelingappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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