Allowed

Umesh S/O Laxman Ghali v. State of Karnataka

Karnataka HC6 Dec 2022WP/145693/2020

Case brief

AI extract

What is this about?

This writ petition challenged orders canceling grants given to descendents of Kittur Rani Chennamma. Finding a coordinate Bench had previously quashed similar orders and remitted the matter, the Court allowed the petition, quashed the impugned orders, and remitted the matter to the Deputy Commissioner for fresh consideration.

What did the court decide?

The impugned orders dated 31.5.2019 bearing nos. R.B.L.N.D 91 (4)/12-13 and R.B.L.N.D91(7)/12-13 passed by the 2nd Respondent are quashed and the matter is remitted to the Deputy Commissioner.

Umesh S/O Laxman Ghali Vs State of Karnataka — Land Acquisition | Karnataka HC (2022)

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WP No. 145693 of 2020

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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. 145693 OF 2020 (KLR-LG)

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BETWEEN:

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UMESH S/O LAXMAN GHALI AGE:38 YEARS, OCC: AGRICULTURE, R/O: SHIRGUR, TALUK: RAIBAG, DISTRICT: BELAGAVI

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…PETITIONER

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(BY SRI. MALLIKARJUNSWAMY B HIREMATH , ADVOCATE)

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AND:

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STATE OF KARNATAKA

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REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,

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VIDHANASOUDHA, BENGALURU-560001.

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THE DEPUTY COMMISSIONER BELAGAVI-590002.

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K M SOMASHEKAR

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THE TAHASILDAR, JAMBOTI, TAL: KHANAPUR DIST: BELAGAVI-590002.

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…RESPONDENTS

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(BY SRI M H PATIL, AGA)

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Digitally signed by (BY SRI M H PATIL, AGA) K M SOMASHEKAR Location: High court of Karnataka, THIS WP IS FILED PRAYING TO:- i.ISSUE A WRIT OF Dharwad Bench, Dharwad CERTIORARI TO QUASH THE ORDERS BEARING NO. DIRECTION THE R.B.L.N.D 91 (4)/12-13 DATED 31.05.2019 PRODUCED AT ANNEXURE-K PASSED BY THE 2ND RESPONDENT. ii.ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER BEARING NO.R.B.L.N.D91(7)/12-13 DATED 31.05.2019 PASSED BY THE 2ND RESPONDENT PRODUCED AT ANNEXURE-L.

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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. 145693 of 2020

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ORDER

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This writ petition is filed challenging the order dated 31.5.2019 passed by the 2^nd respondent canceling the grant made in favour of the descendents of Kittur Rani Chennamma in respect of the subject land.

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The learned counsel for the petitioner submits that the very same impugned order was challenged by other land owners in WP No.113016/2019 and connected matters. The coordinate Bench of this Court by order dated 10.11.2022 quashed the impugned order herein and restored the grant made in favour of the descendents of Kittur Rani Chennamma and the matter was remitted to the Deputy Commissioner to decide the matter afresh after notifying the interested parties. Therefore, this writ petition requires to be disposed of in the light of the order dated 10.11.2022 passed in WP No.113016/2019 and connected matters. Accordingly, I pass the following:

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ORDER

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i) Writ petition is allowed.

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ii) The impugned order dated 31.5.2019 passed by the

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2^nd respondent vide Annexures-K and L are hereby quashed.

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WP No. 145693 of 2020

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iii) The matter stands remitted to the Deputy

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Commissioner who shall consider and examine whether any permission had been granted for alienation of the granted lands. The Deputy Commissioner shall hear the petitioner who is before this Court and examine all the contentions that may be raised by the petitioner before passing a fresh order.

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iv) It is also open to the Deputy Commissioner to notify and hear the grantees and satisfy himself as to whether any permission had been granted for alienation of the lands by the Tahsildar.

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Sd/JUDGE

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BKM

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List No.: 1 Sl No.: 138

Umesh S/O Laxman Ghali v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Umesh S/O Laxman Ghali v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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