Disposed

B v. Shivashankar v Tahsildar

Karnataka HC11 Feb 2022WP/3876/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka at Bengaluru, in a writ petition, directed the Chief Officer of the Town Municipality Kunigal Town to consider the petitioners' representation to restore a katha property and pass a suitable order within eight weeks due to non-implementation of a prior order.

What did the court decide?

Directed the second respondent to consider the representation and pass an appropriate order within eight weeks.

B v Shivashankar Vs Tahsildar — Property and Title | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF FEBRUARY, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO.3876 OF 2021 (LB-RES)

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BETWEEN:

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B V SHIVASHANKAR

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S/O. LATE. B VENKATARAMAIAH, AGED ABOUT 70 YEARS, NO. 1926/A, 3RD CROSS, PRASHANTHNAGARA, BANGALORE - 79.

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(SENIOR CITIZEN BENEFIT NOT CLAIMED)

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B V UMESH,

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S/O. LATE. B VENKATARAMAIAH, AGED ABOUT 56 YEARS, RESIDING AT NO. 97, 12TH MAIN, 9TH BLOCK, NAGARABHAVI,

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2ND STAGE, BANGALOARE - 560091. ...PETITIONERS

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(BY SRI M GANESH, ADVOCATE)

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AND:

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TAHSILDAR KUNIGAL TALUK, KUNIGAL, TUMKUR DISTRICT -572111.

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2. CHIEF OFFICER,

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TOWN MUNCIPALITY

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KUNIGAL TOWN, KUNIGAL TALUK,

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TUMKUR DISTRICT - 572111.

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3. KUNIGAL TOWN

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DEVELOPMENT AUTHORITY, KUNIGAL TOWN, TUMKUR DISTRICT, REPRESENTED BY ITS

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SECRETARY - 572111.

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N V RADHAKRISHNA S/O. G VASUDEVA,

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MAJOR, KRS AGRAHARA,

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KUNIGAL TALUK,

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TUMKUR DISTRICT - 572111

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ASST. COMMISSONER

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TUMKUR DIVISION,

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TUMKUR,

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KARNATAKA STATE - 572101. …RESPONDENTS

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(BY SMT.PRATHIMA HONNAPURA, AGA FOR R1 AND R2, SRI Y.D.SHIVASHANKARA, ADVOCATE FOR R5, VIDE ORDER DATED: 16.07.2021 NOTICE TO R3 AND R4 D/W)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 CHIEF OFFICER, TOWN MUNICIPALITY, KUNIGAL TOWN TO DISPOSE OFF THE REPRESENTATION OF PETITIONERS DTD. 10.01.2020 VIDE ANNX-K ON OR BEFORE A REASONABLE PERIOD FIXED BY THIS HON'BLE COURT.

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

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ORDER

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In an appeal filed by the petitioners, the katha registered in favour of the second respondent was set aside and a direction was issued to the second respondent to restore the katha in favour of the petitioners in respect of the schedule property in question.

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The petitioners submitted a representation with the second respondent to restore the katha in their favour in respect of the schedule property in question in the light of the order passed by the fifth respondent. Petitioners grievance is that, the said representation has not been considered even to this day.

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The fifth respondent by order dated 18.12.2019, has set aside the katha registered in favour of the second respondent and further directed him to restore katha in favour of the petitioner. However, the second respondent has not implemented the order passed by the fifth respondent.

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Therefore, it is expedient to dispose of the writ petition directing the second respondent to consider the representation dated 10.01.2020 submitted by the petitioners at Annexure-K and pass an appropriate order in accordance with law within a period of eight (8) weeks from the date of receipt of certified copy of this order.

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Sd/JUDGE

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B v. Shivashankar v Tahsildar

Case brief

What is this about?

What did the court decide?

B v. Shivashankar v Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

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