Dismissed

Sri Govinda Shetty v. the State of Karnataka

Karnataka HC9 Nov 2022WP/5536/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed the writ petition as devoid of merits. The court relied on a coordinate bench judgment upholding the impugned order dated 18.12.2020 passed by the Deputy Commissioner, which had negatived the petitioner's revision application. The petitioner was granted liberty to pursue rights through pending civil suit. Costs were made easy.

What did the court decide?

Petitioner granted liberty to establish his right, title and interest in pending civil suit O.S.No.502/2018; costs made easy.

Sri Govinda Shetty Vs the State of Karnataka — Land Acquisition | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 9^TH 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.5536 OF 2021(KLR-RES)

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BETWEEN:

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SRI.GOVINDA SHETTY, S/O SIDDA SHETTY, AGED ABOUT 65 YEARS, R/O NAGAMANGALA VILLAGE, VARUNA HOBLI, MYSURU TALUK, MYSURU – 570 010.

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...PETITIONER

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(BY SRI.V B SIDDARAMAIAH, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REP BY ITS SECRETARY, GOVERNMENT OF KARNATAKA, DEPARTMENT OF REVENUE, M S BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU – 560 001.

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THE DEPUTY COMMISSIONER, MYSORE TALUK, MYSORE DISTRICT – 570 001.

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THE ASSISTANT COMMISSIONER, MYSORE SUB-DIVISION, MYSORE – 570 001.

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THE TAHSILDAR, MYSORE TALUK, MYSORE DISTRICT – 570 001.

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SMT.CHANNAMMA, AGED ABOUT 43 YEARS, W/O LATE NINGARAJU, R/AT NO.21, HALANAHALLI LAYOUT, MYSORE TALUK, MYSORE DISTRICT – 570 028.

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… RESPONDENTS

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(BY SRI.R SRINIVASA GOWDA, AGA FOR R1-R4; SRI.S V GIRIDHAR, ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.12.2020 PASSED BY THE R-2 PASSED IN RP NO.14/2020 VACATING THE INTERIM ORDER DATED 29.1.2020 VIDE ANNEXURE-S AND ETC., THIS 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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Petitioner is knocking at the doors of Writ Court for assailing the order dated 18.12.2020 made by the 2^nd Respondent Deputy Commissioner under Section 136(3) of the Karnataka Land Revenue Act, 1964, whereby his Revision Petition has been negatived.

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After service of notice, learned AGA appearing for official respondents and the learned Private counsel appearing for the 5^th Respondent oppose the petition making submission in justification of the impugned order.

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Learned Private Counsel notifies to this Court that the order dated 11.12.2019 was examined by this Court in petitioner’s W.P.No.4211/2020 and upheld vide judgment dated 20.02.2020. Therefore, the Revision in RP No.14/2020 itself needs to be dismissed. So contending, they seek dismissal of Writ Petition.

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Having heard the learned counsel for the parties and having perused the petition papers, this Court is broadly in agreement with the submission of learned AGA and the private advocate and therefore, declines indulgence in the matter. Paragraph No.7 of the judgment date 20.02.2020, a Coordinate Bench having examined the order assailed in the said Revision has upheld it’s validity observing as under:

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“In view of the above, the writ petition is disposed of with liberty to the petitioner to establish his right, title and interest in respect of the property in question in pending suit in O.S.No.502/2018 filed for declaration and permanent injunction and the decree to be passed is always binding on the parties to lis.”

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In view of the above, this petition being devoid of

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merits is liable to be dismissed and accordingly it is, costs having been made easy.

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It is open to the 5^th Respondent to produce a copy of this judgment before the Deputy Commissioner and seek disposal of the Revision Petition itself.

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Sd/JUDGE

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Bsv

Sri Govinda Shetty v. the State of Karnataka

Case brief

What is this about?

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Sri Govinda Shetty v. the State of Karnataka

Case brief

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