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Lokangouda S/O Basangouda Puttangoudra v. the State of Karnataka

Karnataka HC6 Dec 2022WP/100109/2022

Case brief

AI extract

What is this about?

The High Court, Dharwad Bench, quashed orders dismissing a revision petition under the Karnataka Land Revenue Act for want of prosecution. The court restored the petition to the Deputy Commissioner's file, citing that valuable rights of the petitioners were adversely affected due to procedural default.

What did the court decide?

The impugned order dated 11.11.2021 dismissing the revision petition for want of prosecution is quashed, and the revision petition is restored to the file of the Deputy Commissioner.

Lokangouda S/O Basangouda Puttangoudra Vs the State of… — Land Acquisition | Karnataka HC (2022)

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WP No. 100109 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 100109 OF 2022 (KLR-RR/SUR)

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BETWEEN:

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LOKANGOUDA S/O BASANGOUDA PUTTANGOUDRA PUTTANGOUDRA THE PRESIDENT SHREE. HANUMANTH DEVAR JIRNODDAR COMMITTEE AGE 47 YEARS, OCC. AGRICULTURE R/O. FAKIR NANDIHALLI TQ. SAVANUR, DT. HAVERI -581118

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SHRI SHEKAPPA S/O. MALINGAPPA KALLIMANI THE SECRETARY SHREE. HANUMANTH DEVAR JIRNODDAR COMMITTEE AGE 30 YEARS, OCC. AGRICULTURE R/O. FAKIR NANDIHALLI TQ. SAVANUR, DT. HAVERI -581118

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(BY SRI. B M PATIL.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REVENUE DEPARTMENT REPRESENTED BY ITS SECRETARY VIDHAN SOUDHA BENGALURU-560001

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THE DEPUTY COMMISSIONER HAVERI TQ AND DIST. HAVERI -581110

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THE ASSISTANT COMMISSIONER SAVANUR TQ.SAVANUR DT. HAVERI-581118

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…PETITIONERS

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WP No. 100109 of 2022

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SHRI CHANDAPIRAN S/O. SYAFUDDIN FEERJADE AGE. 72 YEARS, OCC. PRIVATE WORK R/O. MOSAVIGALLI, PANCHAMUKI MARUTI ROAD, SANGALI TQ AND DIST. MIRAJ STATE MAHARASHTRA-416416

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SHRI. MUCKBULLPEERAN S/O. SYAPUDDIAN FEERAJADE AGE. 57 YEARS, OCC. PRIVATE WORK R/O. MOSAVIGALLI, PANCHAMUKI MARUTI ROAD, SANGALI TQ AND DIST. MIRAJ STATE MAHARASHTRA-416416

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SRI. BASHAFEERAN, S/O SYAPUDDIAN FEERJADE, SINCE DECEASED BY HIS LRs.

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6(a) SMT. KAMRUN BANU W/O. BASHAFEERAN ALIAS BASHASAB FEERAJADE, AGE 52 YEARS OCC. HOUSEHOLD WORK R/O. HALLIHAL ROAD, 3RD GATE AVULIYA MASJID DANDELI, DT. KARWAR-581 325

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6(b) SHRI. NOORUDDIAN S/O. BASHAFEERAN ALIAS BASHASAB FEERAJADE, AGE 44 YEARS OCC. PRIVATE WORK R/O. H.NO. 82, 3RD CROSS, KALMESHWAR NAGAR WARD.NO. 65, OLD HUBBALLI DT. DHARWAD-580024

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6(c) SHRI BABAJAN S/O. BASHAFEERAN ALIAS BASHASAB FEERAJADE, AGE 42 YEARS OCC. COOLIE, R/O. H.NO. 82, 3RD CROSS, KALMESHWAR NAGAR, WARD NO. 65, OLD HUBBALLI DIST. DHARWAD – 580024

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6(d) SHRI. AJAMUDDIAN S/O. BASHAFEERAN ALIAS BASHASAB

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WP No. 100109 of 2022

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FEERAJADE, AGE 40 YEARS OCC. PRIVATE WORK R/O. HALLIHAL ROAD, 3RD GATE AVULIYA MASJID, DANDELI, DT. KARWAR-581325

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6(e) SHRI. SYAFUDDIAN S/O. BASHAFEERAN ALIAS BASHASAB FEERAJADE, AGE 36 YEARS OCC. PRIVATE WORK R/O. HALLIHAL ROAD, 3RD GATE AVULIYA MASJID, DANDELI, DT. KARWAR-581325

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SHRI. RAFI, S/O SYAPUDDIAN FEERJADE, SINCE DECEASED BY HIS LRs.

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7(a) SHRI. BAHUDDIN S/O. RAFIQ FEERJADE AGE MAJOR, OCC. PRIVATE WORK R/O. HALLIHAL ROAD, 3RD GATE AVULIYA MASJID, DANDELI, DT. KARWAR-581325

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1. SHRI. PEERAN S/O. SYAPUDDIAN PEERJADE AGE MAJOR, OCC. PRIVATE WORK R/O. HALLIHAL ROAD, 3RD GATE AVULIYA MASJID, DANDELI, DT. KARWAR-581325

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…RESPONDENTS

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(BY SRI. M.H.PATIL, AGA FOR R1 TO R3 SRI. SHIVARAJ S.BALLOLLI, ADVOCATE FOR R5 R6(A)(B)(E) & R8) (R6(D) & R7(A) – SERVED) (NOTICE TO R4 & R6(C) DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER, QUASH THE IMPUGNED ORDERS PASSED BY THE 2^ND RESPONDENT DEPUTY COMMISSIONER, HAVERI IN CASE BEARING NO.RTS.RA.CR.22.201819 DATED 11.11.2021 DISMISSING THE REVISION PETITION FOR NON-PROSECUTION AND ORDER PASSED BY THE 2ND RESPONDENT DEPUTY COMMISSIONER, DATED 08.12.2021 FOR RESTORATION OF DISMISSAL FOR NON-PROSECUTION VIDE ORDER DATED 11.11.2021 PRODUCED AT VIDE ANNEXURE-D AND F RESPECTIVELY AND SAME MAY BE RESTORED IN ITS ORIGINAL FILE

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WP No. 100109 of 2022

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

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ORDER

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The mutation entries effected in favour of respondent Nos.4 to 8 was challenged by the petitioners by filing an appeal before the Assistant Commissioner and the said appeal came to be dismissed. Thereafter, the petitioners filed a revision petition under Section 136(3) of the Karnataka Land Revenue Act, 1964 before the Deputy Commissioner concerned. The Deputy Commissioner concerned dismissed the revision petition for want of prosecution against which, the present petition is filed.

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Heard the learned counsel for the parties.

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A perusal of the impugned order indicates that though several opportunities were afforded to the petitioners and their counsel, no sufficient cause was shown for their absence, and the Deputy Commissioner, left with no option, dismissed the revision petition for want of prosecution. Since valuable rights of the petitioners are adversely affected, it

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WP No. 100109 of 2022

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would be appropriate to restore the revision petition filed by the petitioners so as to secure the ends of justice. Accordingly, I pass the following:

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ORDER

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The impugned order dated 11.11.2021 passed by respondent NO.2 in RTS:RA:CR 22:2018-19, at Annexure-D, is hereby quashed and the revision petition is restored on the file of respondent No.2. Respondent No.2, after notifying the interested parties, shall pass appropriate orders in accordance with law.

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It is made clear that if the petitioners does not appear on the next date of hearing, respondent No.2 is at liberty to pass appropriate order in accordance with law.

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The writ petition is disposed of accordingly.

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Sd/JUDGE

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KMS

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List No.: 1 Sl No.: 7

Lokangouda S/O Basangouda Puttangoudra v. the State of Karnataka

Case brief

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Lokangouda S/O Basangouda Puttangoudra v. the State of Karnataka

Case brief

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