Allowed

Dyamappa S/O. Yallappa Pujar v. the Assistant Commissioner

Karnataka HC9 Nov 2022WP/104225/2014

Case brief

AI extract

What is this about?

This single bench order observed that revenue authorities must consider the deceased petitioner's application to delete 'Government' entry in column 9 of revenue records, considering prior judicial directions and a notice from 2012. The court directed the authorities to notify interested parties and conclude the exercise within three months.

What did the court decide?

The respondents 1 to 3 shall consider the application dated 13.03.2012, mention prior court order dated 01.08.1996, notify interested parties, and conclude the exercise within 3 months.

Dyamappa S/O. Yallappa Pujar Vs the Assistant Commissioner — Partition | Karnataka HC (2022)

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WP No. 104225 of 2014

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 104225 OF 2014 (KLR-RR/SUR)

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BETWEEN:

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DYAMAPPA S/O. YALLAPPA PUJAR SINCE DECEASED BY HIS LRS

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YALLAWWA W/O LAXMAN KARAKANNAVAR,

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AGE: 29 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O. BAMMANAKATTI TQ AND DIST: HAVERI

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2 GOURAVVA W/O BASAVARAJ HAVANUR AGE: 27 YEARS, OCC: HOUSEHOLD AND AGRICULTURE R/O BAMMANAKATTI, TQ AND DIST: HAVERI

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…PETITIONERS

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(BY SRI. A.S.PATIL, ADVOCATE)

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K M SOMASHEKAR

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Digitally signed by K M SOMASHEKAR Location: High court of Karnataka, Dharwad Bench, Dharwad Date: 2022.11.25 11:59:47 -0800

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AND:

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THE ASSISTANT COMMISSIONER HAVERI SUB-DIVISION, HAVERI, DIST: HAVERI

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THE TAHASILDAR HAVERI TALUK, HAVERI, DIST: HAVERI

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THE DEPUTY TAHASILDAR NADA KACHERI, GUTTAL

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WP No. 104225 of 2014

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SHARADAWWA W/O DEVAPPA KURIYAVAR AGE: 40 YEARS, OCC: HOUSEHOLD, R/O ICCHANGI, TQ: SAVANUR DIST: HAVERI

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IRABASAWWA @ VIRUPAVVA W/O HANUMANTHAPPA UNDI, AGE: MAJOR, OCC: HOUSEHOLD, R/O. HALAGI, TQ AND DIST: HAVERI

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…RESPONDENTS

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(BY SRI.M.H.PATIL, AGA FOR R1 TO R3, SRI.MRUTYUNJAYA S. HALLIKERI, ADV. FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.2 & 3, TO DELETE THE NAME OF THE 'GOVERNMENT' AND OTHER ENTRY EXISTING AND TO ENTER THE NAMES OF PETITIONERS IN COLUMN NO.9 OF THE LAND BEARING R.S.NO.69/1B MEASURING 2 ACRES 32 GUNTAS BY TAKING INTO CONSIDERATION OF THE OBSERVATIONS AND DIRECTIONS ISSUED BY THIS HON'BLE COURT IN WP NO.16851/1989 DATED 01.08.1996 AS PER ANNEXURE-B AND ALSO BY CONSIDERING THE APPLICATION MADE BY THE FATHER OF THE PETITIONERS ON 13.03.2012 AS PER ANNEXURE-F.

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

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WP No. 104225 of 2014

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ORDER

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The predecessor of the petitioner by name Yallappa Thirakappa Pujar @ Malapur was the ordinary tenant of the land measuring 2 acres 32 guntas out of 5 acres 12 guntas in R.S. No.69/1B situated at Bammanakatti Village, Haveri Taluk.

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The tenanted land was purchased by the deceased petitioner namely Dyamappa Yallappa Pujar under a registered sale deed dated 12.03.1951 and in pursuance of the same, the name of the deceased petitioner was mutated in revenue records in respect of the subject land vide M.E. No.492. Such being the case, petitioners’ claim that the revenue authorities without issuing notice mutated the name of the government in column No.9 of the revenue records in respect of the subject land.

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During his life time, the deceased petitioner submitted an application to the respondent authorities to delete the name of the government in column No.9 of the revenue records stating that the subject land was not a tenanted land as on the appointed date since the subject land was conveyed to the deceased petitioner on 12.03.1951. The petitioners’ grievance is that the said representation has not been considered.

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WP No. 104225 of 2014

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The respondent revenue authorities are under an obligation to consider the application submitted by the deceased father of the petitioner for deleting the name of the government in column No.9 of the revenue records when the petitioners have specifically stated that the subject land was not a tenanted land as on the appointed dated having been conveyed to the deceased petitioner under a registered sale deed dated 12.03.1951.

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Learned AGA appearing for the respondent submits that the application submitted by the deceased petitioner will be considered in accordance with law if reasonable time is granted.

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Therefore, it is expedient to dispose of the writ petition directing the respondent Nos.1 to 3 to consider the application/representation dated 13.03.2012 submitted by the deceased petitioner namely Dyamappa Yallappa Pujar i.e., father of the petitioner at Annexure – F and pass appropriate order in accordance with law after notifying the interested parties.

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The respondent authorities shall also consider the order passed by this Court in W.P. No.16851/1989 disposed of on

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WP No. 104225 of 2014

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01.08.1996 at the time of consideration of the application submitted by the deceased petitioner for deleting the name of the government in column No.9 of the record of rights.

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The said exercise shall be concluded within a period of three [3] months from the date of receipt of certified copy of this order.

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Sd/JUDGE

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RSH LIST NO.: 2 SL NO.: 11

Dyamappa S/O. Yallappa Pujar v. the Assistant Commissioner

Case brief

What is this about?

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Dyamappa S/O. Yallappa Pujar v. the Assistant Commissioner

Case brief

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What the court decided

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