Disposed

Smt Kamalamma v. Smt Nirmala

Karnataka HC23 Nov 2022WP/4370/2022

Case brief

AI extract

What is this about?

High Court of Karnataka at Bengaluru on preliminary hearing disposed of a writ petition challenging revenue orders. The Court held that the grievance regarding alleged encroachment is maintainable in Civil Court, not before Revenue Authorities or Writ Court, and thus declined to interfere, keeping orders in suspense.

What did the court decide?

Writ Petition disposed off; impugned orders kept in suspended animation for three weeks; costs made easy.

Smt Kamalamma Vs Smt Nirmala — Land Acquisition | Karnataka HC (2022)

¶1

¶2

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

¶3

BEFORE

¶4

THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

¶5

WRIT PETITION NO.4370 OF 2022 (KLR - RES)

¶6

BETWEEN:

¶7

SMT.KAMALAMMA, W/O LATE CHANNABASAPPA, AGED ABOUT 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. (BY SMT.NEERAJA KARANTH, ADVOCATE)

¶8

…PETITIONER

¶9

AND:

¶10

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

¶11

THE THASILDAR, KOLAR TALUK, KOLAR – 563 130

¶12

¶13

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

¶14

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

¶15

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

¶16

THE DEPUTY COMMISSIONER, KOLAR – 563 130.

¶17

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

¶18

…RESPONDENTS

¶19

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

¶20

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.02.2022 PASSED BY THE DEPUTY COMMISSIONER, KOLAR/R6 HEREIN AND THE ORDER DATED 28.03.2017 PASSED BY THE DEPUTY DIRECTOR OF LAND RECORDS, KOLAR/R7 HEREIN, FILED HEREWITH AT ANNEXUREA AND B RESPECTIVELY, AND SET ASIDE THE PHODY PROCEEDINGS PERTAINING TO LAND MEASURING 2-00 ACRES IN SY.NO.94 OF RAMASANDRA VILLAGE, NARSAPURA HOBLI, KOLAR TALUK AND DISTRICT GRANTED IN PROCEEDINGS FILED HEREWITH AS ANNEXURE - C AND ETC.,

¶21

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

¶22

¶23

ORDER

¶24

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 28.03.2017 (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.

¶25

Learned AGA appearing for the official

¶26

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 encroachment on the basis of the impugned order and that his remedy has to be worked out before the Civil Court and

¶27

¶28

not before the Revenue Authorities. This Court agrees and therefore, declines indulgence in the matter.

¶29

In view of the above, Writ Petition is disposed off

¶30

keeping the impugned orders in suspended animation for a period of three weeks. All contentions are kept open.

¶31

Costs made easy.

¶32

Sd/JUDGE

¶33

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?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sri Ronald Pereira Vs the Deputy Commissioner

Sri Munivenkatareddy Vs the State of Karnataka

Sri C R Karthik Vs Assistant Commissioner

Smt Kamalamma Vs Smt Nirmala

Doddathoguru Village Panchayath Vs the State of Karnataka

Mr.Rajkumar Vs the State of Karnataka