Allowed

Sri. S Ganesh v. the State of Karnataka

Karnataka HC3 Aug 2022WP/4650/2018

Case brief

AI extract

What is this about?

Petitioners sought to quash orders by the Assistant Commissioner and Deputy Commissioner regarding land mutation and a finding of fallow land. Upon consent from the aggrieved third party respondent, the High Court of Karnataka allowed the petition and quashed the impugned orders dated 2008 and 2014.

What did the court decide?

Impugned orders dated 22.08.2008 passed by the Assistant Commissioner and dated 28.04.2014 passed by the Deputy Commissioner are quashed and set aside.

Sri. S Ganesh Vs the State of Karnataka — Landlord and Tenant | Karnataka HC (2022)

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WP No. 4650 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 03^RD DAY OF AUGUST, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE R DEVDAS

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WRIT PETITION NO. 4650 OF 2018 (KLR-RES)

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BETWEEN:

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SRI. S GANESH S/O LATE S.G.SADANAND AGED ABOUT 49 YEARS OCCUPATION: AGRICULTURIST R/AT NO. 421, 4^TH CROSS MATHRU CHAYA, RAVINDRANAGAR SHIMOGA-577 201

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Digitally signed by YASHODA KRISHNAPPA Location: HIGH COURT OF KARNATAKA

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SRI.S.AVINASH S/O LATE S.G.SADANAND, OCCUPATION: MANAGER, R/AT NO.421, 4^TH CROSS, MATHRU CHAYA, RAVINDRANAGAR, SHIMOGA-577 201

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.…PETITIONERS

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(BY SRI. GANAPATHI BHAT VAJRALLI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001.

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WP No. 4650 of 2018

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THE DEPUTY COMMISSIONER SHIMOGA DISTRICT, SHIMOGA-577 201

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THE ASSISTANT COMMISSIONER SHIMOGA DISTRICT SHIMOGA-577 201

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THE TAHASILDAR SHIMOGA DISTRICT SHIMOGA-577 201

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SRI.SYED KHUDUS S/O SRI.SYED FAKRUDDIN SAB AGE MAJOR R/AT SOMMANKUPPE SHIMOGA-577 201

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…RESPONDENTS

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(BY SRI. SESHU V, HCGP FOR R1 TO R4 SRI. RAKESH BHAT, ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 28.04.2014 IN CASE NO.R.MISC.21/2008-09, PASSED BY THE DEPUTY COMMISSIONER I.E., 2ND RESPONDENT, AS PER ANNEXURE-H AND ETC.

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

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WP No. 4650 of 2018

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ORDER

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R.DEVDAS J., (ORAL):

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The petitioners are aggrieved by the two orders passed at the instance of the Assistant Commissioner on 22.08.2008 and order passed by the Deputy Commissioner on 28.04.2014 at Annexures – F and H, respectively.

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The petitioners father Sri S.G.Sadanand was granted 2 acres 3 guntas of land in Old Sy.No.37 (New Sy.No.139) of Sominakuppa Village, Kasaba Hobli, Shimoga Taluk, Shimoga District and saguvali chit was issued on 06.06.1969. However, the 4^th respondent - Tahsildar proceeded to pass an order in the year 2003 holding that the grantee did not cultivate the land the land fell fallow. Aggrieved Sri S.G.Sadanand challenged the order of the Tahsildar before the Assistant Commissioner in R.A.No.49/2001-02 and the Assistant Commissioner, while allowing the appeal directed the Tahsildar to reconsider the action of the Tahsildar after giving an opportunity of hearing to Sri S.G.Sadanand. Thereafter,

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WP No. 4650 of 2018

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the Tahsildar passed an order on 16.06.2004 recalling the

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order of Pada and re-entered the name of the grantee in terms of MR No.34/2003-04 and MR No.39/2007-98. This mutation entry was challenged by the respondent No.5 before the Assistant Commissioner in proceedings bearing No.PDA 180/2006-07 and the impugned order dated 22.08.2008 came to be passed by the Assistant Commissioner. The Deputy Commissioner who is the revisional authority also upheld the order of the Assistant Commissioner. Nevertheless, since Sri S.G.Sadanand passed away, his sons have knocked the doors of this Court in this Writ petition.

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Learned counsel for respondent No.5-Sri Syed Khudus has today filed a memo dated 03.08.2022, which also contains the signature of respondent No.5. Learned counsel submits that respondent No.5 is present before

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this Court and he has given consent that the writ petition may be allowed and the impugned orders may be set aside

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WP No. 4650 of 2018

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since respondent No.5 has no right over the land in question.

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The memo filed at the hands of respondent No.5 is taken on record, subject to all just exceptions.

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In view of the consent given by the respondent No.5, the writ petition is allowed . The impugned orders passed by the Assistant Commissioner dated 22.08.2008 and order passed by the Deputy Commissioner dated 28.04.2014 at Annexures – F and H, are hereby quashed and set aside.

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Ordered accordingly.

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Sd/JUDGE

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KLY

Sri. S Ganesh v. the State of Karnataka

Case brief

What is this about?

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Sri. S Ganesh v. the State of Karnataka

Case brief

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