Petitioners challenged an order canceling a land grant. The court noted that the Deputy Commissioner subsequently confirmed the grant in a connected matter, rendering the impugned order of cancellation subservient and unnecessary for consideration.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2022
BEFORE
THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No.4040/2022 (KLR - RES)
BETWEEN:
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W/O LATE CHANDRARAJA, 8. MRS. SUPRIYA, W/O DHANANJAYA, AGED ABOUT 41 YEARS, 9. MRS. ARCHANA, W/O MAHAVEER JAIN, AGED 39 YEARS, 10. MRS. ARPANA, W/O SHARATH, AGED ABOUT 36 YEARS, 11. MR. AMITH ARIGA, S/O CHANDRARAJA, AGED 37 YEARS, ALL ARE R/AT INDABETTU HOUSE, BANGADY P.O. BELTHANGADY TQ, D.K.DISTRICT - 574 214. REPRESENTED BY GPA HOLDER MR.AJITHKUMAR. 12. MR. AJITH KUMAR, AGED 48 YEARS, S/O LATE SANATH KUMAR POOVANI, R/AT INDABETTU HOUSE, P.O.BANGADY, BELTHANGADY TQ, D.K. DISTRICT - 574 214. … PETITIONERS
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MULTISTOREY BUILDING, BANGALORE - 560 001.
… RESPONDENTS
(BY SRI.C.N.MAHADESHWARAN, AGA)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 3.9.2019 PASSED BY THE R-2 MARKED AS ANNEXURE-G; DIRECT R-2 TO PASS THE ORDERS AS PER THE DIRECTION/ORDER DATED 15.2.1996 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL BANGALORE IN THE IN APPEAL NO.331-95 MARKED AS ANNEXURE - A AS PER THE ORDER DATED 24.3.2016 IN W.P.NO.43465/2015 VIDE ANNEXURE - D.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
in favour of the petitioners is called in question.
WP No.43465/2015. It was the case of the petitioners that
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the Deputy Commissioner had fixed the price at the rate of Rs.13,115/- per acre, while confirming the grant and the said price fixation was questioned before the Appellate Tribunal and the Appellate Tribunal has allowed the appeal and remitted the case to the Deputy Commissioner to hold a fresh enquiry. As against the said order of the Karnataka Appellate Tribunal, the State had preferred a writ petition, which was dismissed and the writ appeal was also dismissed.
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9. Recording the said order, this writ petition is
disposed of as having become unnecessary.
SD/JUDGE
GH
Smt. Susheela & Ors.
State of Karnataka
N.S.Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
