Allowed

Smt. Indumati W/O Annasaheb Khemalapure v. the Deputy Commissioner

Karnataka HC2 Sept 2022WP/102368/2022

Case brief

AI extract

What is this about?

The High Court allowed the writ petition filed under Articles 226 and 227 of the Constitution. The impugned order dated 05-05-2022 was passed by the Deputy Commissioner without serving notice on the petitioners. The order was set aside and the matter was remanded to the Deputy Commissioner to hear all concerned parties before passing a fresh order in accordance with law.

What did the court decide?

Impugned order dated 05-05-2022 set aside; matter remanded to Respondent No.1 to hear all parties and pass fresh order; appearance directed on 19.09.2022.

Smt. Indumati W/O Annasaheb Khemalapure Vs the Deputy… — Property and Title | Karnataka HC (2022)

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WP No. 102368 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 102368 OF 2022 (KLR-RR/SUR)

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BETWEEN:

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SMT. INDUMATI W/O ANNASAHEB KHEMALAPURE AGE.71 YEARS, OCC.HOUSEHOLD WORK, R/O.MALLAPUR P.G.

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OPP.JIDDIMANI COMPLEX, TQ.GOKAK, DIST.BELAGAVI 591 303

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SHRI.ANNASHAEB S/O SIDDAPPA KHEMALAPURE AGE.76, OCC:NIL, R/O.MALLAPUR P.G.

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OPP.JIDDIMANI COMPLEX, TQ.GOKAK, DIST.BELAGAVI 591 303

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…PETITIONERS

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(BY SRI. JAGADISH PATIL, ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER BELAGAVI DISTRICT, BELAGAVI-590002

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THE ASSISTANT COMMISSIONER BAILHONGAL, SUB-DIVISION, BAILHONGAL, DIST.BELAGAVI-591102

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SHRI.PARAPPA S/O SHIVAPPA BAGEWADI AGE.61 YEARS, OCC.AGRICULTURE, R/O.MALLAPUR P.G., GHATAPRABHA, TQ.GOKAK, DIST.BELAGAVI

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…RESPONDENTS

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(BY SRI. VINAYAK S. KULKARNI, AGA FOR R1 & R2; SRI. C. S. SHETTAR & SMT.KAVYA C. SHETTAR, ADVOCATES FOR R3)

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WP No. 102368 of 2022

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 05-05-2022 PASSED BY THE RESPONDENT NO.1 IN RB/RTA/128/2020-2021 VIDE ANNEXURE-A.

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

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ORDER

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Aggrieved by the order dated 05.05.2022 passed by respondent No.1 in RB/RTA/128/2020-2021 vide Annexure-A to the writ petition, the instant writ petition is filed.

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The case of the petitioners is that, they were respondents in the proceedings before respondent No.1 and without issuance of notice to them, the impugned order has been passed. It is further contended that the petitioners have a good case on merits and they are true owners of the property, which is the subject matter of the writ petition.

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Learned AGA, upon instructions, is not in a position to dispute that the notice has not been served on the petitioners

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WP No. 102368 of 2022

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herein in the proceedings before the respondent No.1 - Deputy Commissioner.

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The advocate for respondent No.3 submits that they are the owners of the property and there is no error in the impugned order. However, he is also not in a position to dispute the statement of the petitioners that notice has not been served on them.

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As the impugned order is passed without hearing the petitioners herein, the writ petition deserves to be allowed and the matter requires to be remanded back to respondent No.1 to hear all the concerned parties and thereafter pass orders in accordance with law. Hence the following order:

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ORDER

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i. The impugned order dated 05.05.2022 passed by respondent No.1 in RB/RTA/128/2020-2021 vide Annexure-A to the writ petition is hereby set aside.

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ii. The matter stands remanded back to respondent No.1 for fresh consideration with a direction to hear

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WP No. 102368 of 2022

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all the parties concerned and thereafter pass an order in accordance with law.

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iii. The petitioners and respondent No.3 are directed to appear before respondent No.1 on 19.09.2022 without further notice.

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iv. Writ petition is disposed of accordingly.

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Sd/JUDGE

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gab List No.: 1 Sl No.: 30

Smt. Indumati W/O Annasaheb Khemalapure v. the Deputy Commissioner

Case brief

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Smt. Indumati W/O Annasaheb Khemalapure v. the Deputy Commissioner

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