Disposed

Smt Kamalamma v. Smt Nirmala

Karnataka HC23 Nov 2022WP/4345/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging orders regarding Phody proceedings and affirmed orders by Deputy Commissioner and Deputy Director of Land Records. The Court held that grievances regarding alleged encroachment must be pursued before the Civil Court, not the Revenue Authorities, without indulging in the merits.

What did the court decide?

Writ petition disposed of keeping impugned orders in suspended animation for three weeks; all contentions kept open; costs made easy.

Smt Kamalamma Vs Smt Nirmala — Public Procurement and Tenders | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF NOVEMBER, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.4345 OF 2022 (KLR - RES)

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BETWEEN:

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SMT. KAMALAMMA, W/O LATE CHANNABASAPPA, AGED 50 YEARS, RAMASANDRA VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT. REPRESENTED BY HER SPA HOLDER: SRI. SOMASHEKHAR, S/O LATE CHANNABASAPPA, MAJOR, RAMASANDRA VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT – 563 130.

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…PETITIONER

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(BY SMT.NEERAJA KARANTH, ADVOCATE)

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AND:

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SMT. NIRMALA, W/O M. RAVI, ADARSHA NAGAR, NEAR GOVT. JUNIOR COLLEGE, MALUR TOWN, KOLAR DISTRICT – 563 130.

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THE TAHSILDAR, KOLAR TALUK, KOLAR – 563 130.

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THE TALUK SURVEYOR, KOLAR TALUK, KOLAR – 563 130.

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THE REVENUE INSPECTOR, NARASAPURA HOBLI, NARASAPURA – 563 130.

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THE ASSISTANT DIRECTOR OF LAND RECORDS, KOLAR TALUK, KOLAR – 563 130.

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THE DEPUTY COMMISSIONER, KOLAR – 563 130.

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THE DEPUTY DIRECTOR OF LAND RECORDS, KOLAR – 563 130.

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…RESPONDENTS

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(BY SRI.R.SRINIVASA GOWDA, AGA FOR R2 TO R7; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 23.11.2022)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 10.02.2020 PASSED BY R-6 HEREIN AND THE ORDER DATED 29.11.2016 PASSED BY THE DEPUTY DIRECTOR OF LAND RECORDS, KOLAR R-7 HEREIN VIDE ANNEXURE - A AND B RESPECTIVELY, AND SET ASIDE THE PHODY PROCEEDINGS PERTAINING TO LAND MEASURING 4 ACRE 26 GUNTAS IN SY.NO.94 OF NARASAPURA HOBLI, RAMASANDRA VILLAGE GRANTED IN PROCEEDINGS SURVEY NO.229 LND.50/1986-87 VIDE ANNEXURE - C HEREIN AND ETC.,

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The challenge in this petition is to the orders dated 10.02.2020 (Annexure-A) passed by the Deputy Commissioner whereby he has affirmed the order dated 29.11.2016 (Anenxure-B) passed by the Deputy Director of Land Records. Learned counsel for the Petitioner argues that both the orders ignore about the identity of the lands in question and they facilitate encroachment at the hands of those who have been favoured by them i.e., the private respondents herein and therefore, that itself amounts to an error apparent on their face warranting interference of Writ Court.

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Learned AGA appearing for the official Respondents, notice to private respondent being dispensed with, opposes the petition contending that the grievance of the Petitioner is as to alleged encroachment or possible

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encroachment on the basis of the impugned order and that his remedy has to be worked out before the Civil Court and not before the Revenue Authorities. This Court agrees and therefore, declines indulgence in the matter.

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In view of the above, Writ Petition is disposed off keeping the impugned orders in suspended animation for a period of three weeks. All contentions are kept open.

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Costs made easy.

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Sd/JUDGE

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Smt Kamalamma v. Smt Nirmala

Case brief

What is this about?

What did the court decide?

Smt Kamalamma v. Smt Nirmala

Case brief

What is this about?

What did the court decide?

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