Petitioner challenged orders cancelling his land Khata and refusing interim stay. Court noted appeal heard by respondent is listed today and directed respondent to decide appeal on merits within three months, leaving petition disposed of.
Direct respondent No.3 to dispose of the pending appeal on merits within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR.JUSTICE R.NATARAJ
WRIT PETITION NO.21415/2016 (LB-RES)
BETWEEN:
SRI. H.G. SANTHOSH S/O. LATE H.N. GURUSWAMY AGED ABOUT 36 YEARS R/AT HULLUHALLI NANJANGUD TALUK MYSORE DISTRICT -571 301.
…PETITIONER
(BY SRI: CHIDAMBARA G.S., ADVOCATE)
AND:
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…RESPONDENTS
(BY SMT: PRATHIMA HONNAPURA, AGA FOR R1 SRI: B.J. SOMAYAJI, ADVOCATE FOR R2 TO R4 R5 & R6 SERVED.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 02.03.2016 PASSED BY RESPONDENT NO.4 VIDE ANNEXURE-J; QUASH THE ENDORSEMENT DATED 28.03.2016 ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE-M AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING - B GROUP THIS DAY, THE COURT PASSED THE FOLLOWING:
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ORDER
The petitioner has challenged the Resolution dated 02.03.2016 passed by respondent No.4, by which, the Khata that stood in the name of the petitioner in respect of site found in Sy.Nos.360/1B and 360/1A3 of Hulluhalli Village, Nanjangud Taluk, Mysuru District (henceforth referred as 'subject property') was set aside. The petitioner has also challenged the order dated 28.03.2016 passed by respondent No.3 refusing to grant an interim order of stay.
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petitioner constructed a Shopping Complex by obtaining a licence and approval from the Gram Panchayath. The Gram Panchayath had also issued licence for continuation of work and after completion, the said building was assessed to property tax.
addressed a letter dated 13.10.2015 to the Gram Panchayath stating that a person named N.Mahesh had sought for a copy of final layout plan in respect of Sy.Nos.360/1B and 360/1A3 and that no such plan was submitted to it and requested the panchayath the same, if it was available. The Gram Panchayath informed the respondent No.5 that no such plan was available with it. The Taluka Panchayath in terms of the letter dated 08.12.2015 informed the Zilla Panchayath that no plan was sanctioned to form layout in the aforesaid survey numbers and that the signature of the officials of respondent No.5 found on the plan produced by the petitioner appeared to be forged. It was thereafter, that the Zilla Panchayath in
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terms of its letter dated 01.02.2016 directed the Taluka Panchayath to cancel the Khata and to take action against the petitioner as well as the Panchayath Development Officer. Following the above, the Taluka Panchayath issued notice dated 25.01.2016 calling upon the petitioner to furnish original layout plan that was approved and whether the petitioner had handed over the area reserved for park and civic amenities.
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the order of cancellation of Khata which was rejected by respondent No.3 in terms of order dated 28.03.2016. Being aggrieved by the above, the present writ petition is filed.
the impugned order, it is appropriate to direct respondent No.3 to dispose of the appeal filed before him in
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accordance with law and within a period of three months from the date of receipt of a certified copy of this order.
All the contentions are left open.
Sd/JUDGE
*bgn/-
2 issues framed by the court
Whether the High Court should dispose of the writ petition by directing the respondent to hear the pending appeal on merits.
Whether the impugned orders cancelling the Khata and refusing interim stay should be disturbed.
Sri. H.G. Santhosh
The State of Karnataka
The Zilla Panchayath Mysore District
The Taluk Panchayath Nanjangud
The Grama Panchayath Hullalli
The Assistant Director Town and Rural Country Planning
R. Nataraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
