Disposed

Venkatesh Alias Vijayarao Desai v. the State of Karnataka

Karnataka HC2 Sept 2022WP/102926/2022

Case brief

AI extract

What is this about?

This writ petition challenged the failure of the Tahasildar to mutate names in revenue records pursuant to an order by the Assistant Commissioner. Upon learning that a revision petition had been filed under Section 136(3) of the Karnataka Land Revenue Act, 1964, the Court disposed of the writ while reserving liberty. It directed the Deputy Commissioner to decide the revision expeditiously.

What did the court decide?

The writ petition was disposed of after the Court directed the Deputy Commissioner to decide the pending revision petition expeditiously.

Venkatesh Alias Vijayarao Desai Vs the State of Karnataka — Land Acquisition | Karnataka HC (2022)

¶1

¶2

WP No. 102926 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 2^ND DAY OF SEPTEMBER, 2022

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 102926 OF 2022 (KLR-RR/SUR)

¶7

BETWEEN:

¶8

VENKATESH ALIAS VIJAYARAO DESAI

¶9

SINCE DECEASED BY HIS LRS

¶10

SMT GEETHA BOGAPPA DESAI, AGE.50 YEARS, OCC.HOUSEHOLD WORK, R/O.SATTIGERI, TQ.SAUNDATTI, DIST.BELAGAVI-591123

¶11

AJAY PRAKASH DESAI AGE.35 YEARS, OCC.HOUSEHOLD WORK, R/O.SATTIGERI, TQ.SAUNDATTI,

¶12

DIST.BELAGAVI-591123

¶13

SMT PUSHPA ANILRAO DESAI AGE.52 YEARS, OCC.HOUSEHOLD WORK, R/O.SATTIGERI, TQ.SAUNDATTI, DIST.BELAGAVI-591123

¶14

SMT SANTALA ASHOK PATIL AGE.45 YEARS, OCC.HOUSEHOLD WORK, R/O.SATTIGERI, TQ.SAUNDATTI, DIST.BELAGAVI-591123

¶15

SMT REKHA KRISHNARAO DESAI AGE.48 YEARS, OCC.HOUSEHOLD WORK, R/O.SATTIGERI, TQ.SAUNDATTI, DIST.BELAGAVI-591123

¶16

MANOHAR BOGAPPA DESAI SINCE DECEASED BY HIS LRS NIKIL MANOHAR DESAI

¶17

¶18

WP No. 102926 of 2022

¶19

AGE.40 YEARS, OCC.AGRICULTURE, R/O.SATTIGERI, TQ.SAUNDATTI, DIST.BELAGAVI-591123

¶20

…PETITIONERS

¶21

(BY SRI. H M DHARIGOND, ADVOCATE)

¶22

AND:

¶23

THE STATE OF KARNATAKA BY ITS UNDERSECRETARY DEPARTMENT OF REVENUE M.S.BUILDING BENGALURU-560001

¶24

THE DEPUTY COMMISSIONER BELAGAVI DISTRICT BELAGAVI-590001

¶25

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

¶26

THE TAHSILDAR SAVADATTI TALUKA SAVADATTI, DIST.BELAGAVI-591123

¶27

…RESPONDENTS

¶28

(BY SRI. VINAYAK S. KULKARNI, AGA)

¶29

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECT THE RESPONDENTS TO DELETE THE NAME OF THE GOVERNMENT FROM COLUMN NO. 9 AND DELETE NAMES OF THE PERSONS WHO CLAIMING OCCUPANCY RIGHTS FROM COLUMN NO. 12 AND MUTATE NAMES OF THE PETITIONERS IN THE REVENUE RECORDS AS PER ORDER DATED 7-5-2011 PASSED BY THE 3^RD RESPONDENT UNDER NO. KLR/AP-07/2011-12 VIDE ANNEXURE-F.

¶30

¶31

WP No. 102926 of 2022

¶32

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

¶33

ORDER

¶34

By order dated 07.05.2011 passed by the third respondent under No.KLR/AP-07/2011-12 vide Annexure-F, third respondent has directed respondent No.4 to enter the name of petitioners in the revenue records in respect of 30 acres 19 guntas of land in survey No.43/2 of Kodliwad village, Savadatti Taluk. As no action was initiated by the fourth respondent pursuant to the said order, the instant writ petition is filed.

¶35

Learned AGA, upon instructions, submits that against the said order of the third respondent– Assistant Commissioner, fourth respondent – Tahasildar has preferred a Revision Petition before the second respondent – Deputy Commissioner under Section 136(3) of the Karnataka Land Revenue Act, 1964 and the same is registered as RB/RTA/112/2021-22.

¶36

In the light of the submission made by the learned AGA, the writ petition is disposed of reserving liberty to the petitioners

¶37

¶38

WP No. 102926 of 2022

¶39

to participate in the revision proceedings before the second respondent. Further, second respondent is directed to decide the matter as expeditiously as possible as the order passed by the third respondent was passed way back in the year 2011 and has been sought to be challenged by the fourth respondent only now.

¶40

Sd/JUDGE

¶41

gab List No.: 1 Sl No.: 31.1

Venkatesh Alias Vijayarao Desai v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Venkatesh Alias Vijayarao Desai v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shri G H Sreedhara Vs State of Karnataka

The Adigond Tribal and Vs the State of Karnataka

Sri. Rayappa S/O Dundappa Badiger Vs Daneshwari Vividdodeshagala Souharda Sahakari Niyamitha Hukkeri

Shri Siddappa S/O Bhimappa Sanadi Vs the Land Tribunal Belgaum

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

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