Allowed

Smt. Saritha N Doshi v. State of Karnataka

Karnataka HC6 Sept 2021WP/7457/2020

Case brief

AI extract

What is this about?

The High Court allowed this writ petition noting that the impugned order designating land as karab land had already been quashed in connected matters. The Court directed respondents to delete government entries and restore status quo on specific land parcels.

What did the court decide?

Delete government entry and 'Kharab' entry in revenue records; make entries in petitioner's name within three months.

Smt. Saritha N Doshi Vs State of Karnataka — Land Acquisition | Karnataka HC (2021)

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WP NO.7457 OF 2020

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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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BEFORE

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THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.7457 of 2020 (KLR-RES)

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BETWEEN:

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SMT. SARITHA N. DOSHI W/O SRI. NIHALCHAND JAIN AGED ABOUT 52 YEARS R/AT DOOR NO.5923 MARUTHI EXTENSION MALURU TLAUK KOLAR DISTRICT-563130

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...PETITIONER

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(BY SRI. K.R. LINGARAJU, ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA DR. AMBEDKAR VEEDI BANGALORE-560001

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DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE-570001

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TAHSILDAR MINI VIDHANA SOUDHA NAZARBAD MOHALLA MYSORE-570010

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DEPUTY CONSERVATOR OF FOREST MYSORE CIRCLE ARANYA BHAVAN ASHOKPURAM, MYSORE-570008

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… RESPONDENTS

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(BY SRI. A.R. SRINIVAS, AGA)

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WP NO.7457 OF 2020

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER EVEN DATED 26.5.2015 PASSED BY THE R-2 IN SO FAR AS PETITIONER LAND BEARING SY.NO.4/19B MEASURING 1 ACRE, SITUATED AT KURUBARAHALLI VILLAGE, KASABA HOBLI, MYSORE IS CONCERNED VIDE ANNEXURE-A AND ETC.

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*********

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking for a certiorari to quash the order dated 26.05.2015 made in No.RRT/540/2014-15 passed by the 2^nd respondent insofar as the land of the petitioner in Sy.No.4/19B measuring 1 acre situated Kurubarahalli Village, Kasaba Hobli, Mysore being designated as karab land.

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The learned counsel for the petitioner submits that the above matter is covered by the decision of this Court in W.P.Nos.22658-662/2015 and other connected matters dated 19.06.2020. He further submits that the said order has been confirmed by the Division Bench of this Court in

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WP NO.7457 OF 2020

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W.A.No.479/2020 dated 15.12.2020 by dismissing

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the Writ Appeal filed by the State. On a Special Leave Petition being filed in SLP No.3670/2021, the same also came to be dismissed on 26.07.2021.

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The learned counsel for the petitioner, therefore, submits that the direction which was issued by the learned Single Judge in W.P.Nos.22658-662/2015 and other connected matters would be equally applicable to the present case.

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Sri.Srinivas A.R., learned Additional Government Advocate submits that the above facts situation is indeed so and the said direction would be applicable to the present facts.

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Hence, I pass the following:

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ORDER

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i) The impugned order dated 26.05.2015 in No.RRT/540/2014-15 has already been quashed in W.P.Nos.22658-662/2015 and

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WP NO.7457 OF 2020

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other connected matters, the same not being in force and as such, does not require to be quashed once again.

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ii) The respondents are directed to delete the entry made in the name of the Government in the revenue records pertaining to the lands covered under Sy.No.4/19B measuring 1 acre situated Kurubarahalli Village, Kasaba Hobli, Mysore.

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iii) The respondents are directed to make necessary and appropriate entries in the name of the petitioner upon representation being made in accordance with law and as per the applicable procedure.

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iv) The entry of "Kharab" wherever made in the revenue records of the petitioner's land is directed to be deleted.

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WP NO.7457 OF 2020

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v) The above action on the part of the respondents to be carried out within a period of three months from the date of receipt of the representation from the petitioner by the respondents.

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vi) Writ Petition is allowed.

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Sd/JUDGE

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Prs*

Smt. Saritha N Doshi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Saritha N Doshi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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