Allowed

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

Karnataka HC2 Sept 2022WP/102369/2022

Case brief

AI extract

What is this about?

The High Court, Dharwad Bench, allowed a writ petition filed under Articles 226 and 227 of the Constitution. The petitioners contended that the impugned order dated 05.05.2022 was passed without issuing notice to them. The Court set aside the order and remanded the matter for fresh consideration after hearing all concerned parties.

What did the court decide?

The impugned order is set aside, matter remanded to Respondent No.1 to hear all parties and pass orders in accordance with law.

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

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WP No. 102369 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH 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. 102369 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

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

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

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SHRI CHANDRASHEKHAR BASAPPA KADADAVAR AGE. 51 YEARS, OCC. AGRICULTURE R/O. NEAR BADIGAWAD MAIN ROAD, PRABHUDEV CIRCLE, GHATAPRABHA, MALLAPUR P.G.

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TQ. GOKAK, DIST. BELAGAVI

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SHRI KEMPANNA BHIMARAI KADADAVAR AGE. 53 YEARS, OCC. AGRICULTURE R/O. NEAR BADIGAWAD MAIN ROAD, PRABHUDEV CIRCLE, GHATAPRABHA, MALLAPUR P.G. TQ. GOKAK, DIST. BELAGAVI

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…PETITIONERS

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(BY SRI. JAGDISH PATIL, ADVOCATE)

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WP No. 102369 of 2022

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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

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TQ. GOKAK, DIST. BELAGAVI-591102

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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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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/129/2020-2021 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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WP No. 102369 of 2022

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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/129/2020-2021 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 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

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WP No. 102369 of 2022

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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/129/2020-2021 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 all the parties concerned and thereafter pass an order in accordance with law.

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WP No. 102369 of 2022

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iii. The petitioners and respondent No.3 are

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directed to appear before respondent No.1 on

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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.: 30.1

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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