Disposed

Smt Balkeesjan v. the State of Karnataka

Karnataka HC11 Oct 2022WP/6106/2022

Case brief

AI extract

What is this about?

Three writ petitions were filed challenging the long pendency of land grant applications under the Karnataka Land Reforms Act. The High Court directed the Additional Deputy Commissioner to consider and dispose of the applications within six months.

What did the court decide?

Directed the Additional Deputy Commissioner to consider and dispose of the applicants' land applications within six months from the date.

Smt Balkeesjan Vs the State of Karnataka — Landlord and Tenant | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 11^TH DAY OF OCTOBER, 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.6249 OF 2022 (LR) C/W WRIT PETITION NO.6106 OF 2022(LR), WRIT PETITION NO.6242/2022(KLR-RES)

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IN W.P.NO.6249/2022:

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BETWEEN:

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SYED AMJAD PASHA, AGED ABOUT 32 YEARS, S/O PYARE JAN, R/AT DODDAHASALA GRAM, KOLAR TALUK & DISTRICT – 563 101.

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...PETITIONER

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(BY SRI. NAVEED AHMED, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001. BY ITS SECRETARY.

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THE ADDITIONAL DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR – 563 101.

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THE ASSISTANT COMMISSIONER, KOLAR SUB DIVISION, KOLAR – 563 101.

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THE TAHSILDAR, KOLAR TALUK, KOLAR – 563 101.

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… RESPONDENTS

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(BY SRI.R SRINIVASA GOWDA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO CONSIDER THE APPLICATION OF THE

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PETITIONER AT ANNX-A AND DISPOSE OF THE LRF NO.42/98-99 PENDING BEFORE THE R4.

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IN W.P.NO.6106/2022:

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BETWEEN:

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SMT. BALKEESJAN, AGED ABOUT 56 YEARS, W/O PYARE JAN,

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SYED AMJAD PASHA, AGED ABOUT 32 YEARS, S/O PYARE JAN,

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SYED SADIQ PASHA, AGED ABOUT 30 YEARS, S/O PYARE JAN,

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SYED NAWAZ PASHA, AGED ABOUT 28 YEARS, S/O PYARE JAN,

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ALL ARE R/AT DODDAHASALA GRAM, KOLAR TALUK & DISTRICT – 563 101. ...PETITIONERS

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(BY SRI. NAVEED AHMED, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001. BY ITS SECRETARY.

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THE ADDITIONAL DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR – 563 101.

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THE ASSISTANT COMMISSIONER, KOLAR SUB DIVISION, KOLAR – 563 101.

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THE TAHSILDAR, KOLAR TALUK, KOLAR – 563 101. … RESPONDENTS

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(BY SRI.R SRINIVASA GOWDA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO CONSIDER THE APPLICATION OF THE PETITIONERS AT ANNX-A DATED 29.12.1998 AND DISPOSE OF THE LRF NO.43/98-99 PENDING BEFORE THE R4.

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IN W.P.NO.6242/2022:

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BETWEEN:

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SMT. BALKEESJAN, AGED ABOUT 56 YEARS, W/O PYARE JAN, R/AT DODDAHASALA GRAM, KOLAR TALUK & DISTRICT – 563 101.

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...PETITIONER

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(BY SRI. NAVEED AHMED, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001. BY ITS SECRETARY.

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THE ADDITIONAL DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR – 563 101.

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THE ASSISTANT COMMISSIONER, KOLAR SUB DIVISION, KOLAR – 563 101.

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THE TAHSILDAR, KOLAR TALUK, KOLAR – 563 101. … RESPONDENTS

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(BY SRI.R SRINIVASA GOWDA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO CONSIDER THE APPLICATION OF THE PETITIONER AT ANNX-A AND DISPOSE OF THE LRF NO.41/98-99 PENDING BEFORE THE R4.

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THE COURT MADE THE FOLLOWING:-

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COMMON ORDER

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The short grievance of the petitioners is against long pendency of their claim in Form No.7-A filed under Section 77-A of the Karnataka Land Reforms Act, 1964, wherein they have sought for grant of land.

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Learned AGA appearing for the official respondents though initially opposed the petitions, now fairly agrees to instruct his clients to look into the grievance of the petitioners. He also adds that the land claimed is not a private land at all and that it belongs to the Government and therefore, the claim of the petitioners is untenable.

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Having heard the learned counsel for the

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parties and having perused the petition papers, this Court directs the 2^nd respondent to consider & disposed off petitioners’ subject applications in Form No.7-A within an outer limit of six months in accordance with law. All contentions in this regard including the one as to whether the land belongs to the Government are kept open, costs having been made easy.

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Ordered accordingly, petitions are disposed off.

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Sd/JUDGE

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Bsv

Smt Balkeesjan v. the State of Karnataka

Case brief

What is this about?

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Smt Balkeesjan v. the State of Karnataka

Case brief

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