Partly allowed

Shivaji Ramu Kokane, v. the Land Tribunal, Athani

Karnataka HC1 Dec 2022WP/76031/2013

Case brief

AI extract

What is this about?

This High Court allowed two Writ Petitions filed challenging a Land Tribunal order that granted occupancy rights to a Trust. The disputes were settled via a compromise petition where parties agreed to partition 18 acres of the land to petitioners for a sum of Rs. 10,00,000. The Court accepted the compromise and modified the impugned order to reflect the settlement. The petitioners acquired 18 acre

What did the court decide?

The writ petitions were allowed in part; the impugned order was modified to reflect the compromise, declaring petitioners as occupants of 18 acres and the Trust as occupants of the remaining land in S

Shivaji Ramu Kokane, Vs the Land Tribunal, Athani — Partition | Karnataka HC (2022)

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WP No. 76031 of 2013

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C/W WP No. 81057 of 2013

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 1^ST DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 76031 OF 2013 (LR-)

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C/W

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WRIT PETITION NO. 81057 OF 2013

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WP No. 76031 OF 2013

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BETWEEN :

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SHIVAJI RAMU KOKANE,

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AGE: 58 YEARS, OCC: AGRICULTURE, R/O: MHAISAL - 416 409, TQ: MIRAJ, DIST: SANGLI.

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2.00. TANAJI RAMU KOKANE,

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AGE: 54 YEARS, OCC: AGRICULTURE, R/O: MHAISAL - 416 409, TQ: MIRAJ, DIST: SANGLI.

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…PETITIONERS

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(BY SRI UMESH P HUKKARAKI, ADVOCATE) AND:

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THE LAND TRIBUNAL, ATHANI, BY ITS CHAIRMAN, DIST: BELGAUM.

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K M SOMASHEKAR

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Digitally signed by K M SOMASHEKAR Location: High court of Karnataka, Dharwad Bench, Dharwad

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA BUILDING, BANGALORE-1.

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THE CHAIRMAN

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SHRI VENKATESH and MARUTI DEVASTHAN COMMITTEE, LOKUR - 591 234, TQ: ATHANI, DIST: BELGAUM.

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WP No. 76031 of 2013

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C/W WP No. 81057 of 2013

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GOVIND KESHAV KULKARNI, SINCE DECEASED BY HIS L.R., SHRI RAJARAM RAMU KOKANE, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: LOKUR-591 234, TQ: ATHANI, DIST: BELGAUM. SINCE DECEASED BY HIS L.R.

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1A. SMT.THANUBAI W/O RAJARAM KOKANE, SINCE DECEASED BY HER LRs. RESPONDENTS No.1B TO 1F.

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1B. SMT.ANJANA W/O SUKUMAR THALLEKAR, AGE 49 YEARS, OCC: HOUSEWIFE, NOW RESIDING AT MAISHAL – 406409, TAL: MIRAJ, DIST: SANGALI, MAHARASHTRA.

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1C. SMT.NANDA W/O BHALASE KHONDRE, AGE 46 YEARS, OCC: HOUSEWIFE, NOW RESIDING AT MAISHAL – 406409, TAL: MIRAJ, DIST:SANGALI, MAHARASHTRA.

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1D. SMT.SUNITA D/O KADAYYA KAMBI, AGE 43 YEARS, OCC: HOUSEWIFE, NOW RESIDING AT MAISHAL-406409, TAL:MIRAJ, DIST: SANGALI, MAHARASHTRA.

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1E. SMT.ASHA W/O UDAY KANDALE, AGE 37 YEARS, OCC:HOUSEWIFE, NOW RESIDING AT MAISHAL406409, TAL:MIRAJ, DIST:SANGALI, MAHARASHTRA.

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1F. AMOL S/O RAJARAM KOKANE, AGE 33 YEARS, OCC:HOUSEWIFE, NOW RESIDING AT MAISHAL406409, TAL:MIRAJ, DIST:SANGALI, MAHARASHTRA.

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…RESPONDENTS

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(BY SRI M H PATIL, AGA, FOR R1 & R2, SRI SANJAY S KATAGERI, ADVOCATE FOR R3, SRI MALLIKARJUNSWAMY B HIREMATH, ADVOCATE FOR R4)

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WP No. 76031 of 2013

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C/W WP No. 81057 of 2013

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED:27/09/2005 PASSED BY THE LAND TIRUBNAL, ATHANI IN TNC:T:SR:2301+ 440-546-985, PRODUCED AT ANNEXUREF.

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W P NO. 81057 OF 2013 BETWEEN:

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RAJARAM RAMU KOKANE,

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AGE: 70 YRS, OCC: AGRICULTURE, R/O: LOKUR - 591 234, TQ: ATHANI, DIST: BELGAUM.

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SINCE DECEASED BY HIS L.R.

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1A. SMT.THANUBAI W/O RAJARAM KOKANE, SINCE DECEASED BY HER LRs. RESPONDENTS No.1B TO 1F.

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1B. SMT.ANJANA W/O SUKUMAR THALLEKAR, AGE 49 YEARS, OCC: HOUSEWIFE, NOW RESIDING AT MAISHAL – 406409, TAL: MIRAJ, DIST: SANGALI, MAHARASHTRA.

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1C. SMT.NANDA W/O BHALASE KHONDRE, AGE 46 YEARS, OCC: HOUSEWIFE, NOW RESIDING AT MAISHAL – 406409, TAL: MIRAJ, DIST:SANGALI, MAHARASHTRA.

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1D. SMT.SUNITA D/O KADAYYA KAMBI, AGE 43 YEARS, OCC: HOUSEWIFE, NOW RESIDING AT MAISHAL-406409, TAL:MIRAJ, DIST: SANGALI, MAHARASHTRA.

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1E. SMT.ASHA W/O UDAY KANDALE, AGE 37 YEARS, OCC:HOUSEWIFE, NOW RESIDING AT MAISHAL406409, TAL:MIRAJ, DIST:SANGALI, MAHARASHTRA.

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1F. AMOL S/O RAJARAM KOKANE, AGE 33 YEARS, OCC:HOUSEWIFE, NOW RESIDING AT MAISHAL-

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WP No. 76031 of 2013

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C/W WP No. 81057 of 2013

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406409, TAL:MIRAJ, DIST:SANGALI, MAHARASHTRA.

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…PETITIONER

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(BY SRI. MALLIKARJUNSWAMY B HIREMATH , ADVOCATE)

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AND:

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THE LAND TRIBUNAL, ATHANI, BY ITS SECRETARY, DIST: BELGAUM.

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THE STATE OF KARNATAKA, REPTD., BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA BUILDING, BENGALURU-01

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THE CHAIRMAN, SHRI. VENKATESH and MARUTI DEVASTHAN COMMITTEE,

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LOKUR-591 234, TQ: ATHANI, DIST: BELGAUM.

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SHIVAJI S/O RAMU KOKANE, AGE: 64 YRS, OCC: AGRICULTURE, R/O: MAISHAL-416409, TQ: MIRAJ, DIST: SANGALI.

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TANAJI RAMU KOKANE, AGE: 60 YRS, OCC: AGRICULTURIST, R/O: MAISHAL-406409, TQ: MIRAJ, DIST: SANGALI. MAHARASHTRA.

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…RESPONDENTS

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(BY SRI M H PATIL, AGA FOR R1 & R2, SRI SANJAY S KATAGERI, ADVOCATE FOR R4, SRI S V DESHAPANDE & SRI A V NADAGOUDAR, ADVOCATE FOR R4 & R5)

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THIS WP IS FILED PRAYING TO QUASH THE ORDER DTD.27.09.2005 PASSED BY THE LAND TRIBUNAL, ATHANI PRODUCED AT ANNEXURE-F.

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING B-GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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These writ petitions are filed challenging the very same order dated 27.9.2005 passed by the Land Tribunal, Athani, granting occupancy right in respect of lands bearing RS No.101 measuring 25 acres 10 guntas, RS No.102 measuring 26 acres 37 guntas and RS No.142 measuring 8 acres 10 guntas all situated at Lokur village, Athani Taluk, Belagavi District, which were granted to the 3^rd respondent - Shri Venkatesh and Maruti Devastan Committee.

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The petitioners claiming to be the tenants of the subject lands filed an application in Form No.1 under the provision of Karnataka Certain Inams Abolition Act, 1977 and so also the 3^rd respondent-Devastan Committee claiming to be the inamdar of the subject lands filed an application in Form No.1 for registering it as occupant of the lands. The Land Tribunal by the impugned order registered the 3^rd respondent as an occupant of the subject lands, against which, the present petitions are filed.

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The petitioners and the trustees of the 3^rd respondent - Devastan Committee are present before this Court

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and the parties have filed a compromise petition under Order 23 Rule 1 and 2 of CPC read with Articles 226 and 227 of the Constitution of India stating that the parties have amicably settled the dispute among themselves subject to the following terms and conditions:

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a) The Trust has resolved in this regard and has passed the necessary Resolution No.2 on 21.07.2022 and has been authorized to the present Managing Committee of the said Trust. Further, the Chairman by name Sri.Dr.Viraj Govind Lokur has resigned and in his place, the Vice-Chairman Sri. Ramu Nana Bhagat was authorized to take steps in the welfare of the said Trust and as per its Byelaw and he is the Present Chairman of the Trust as per the Resolution No. 7 dated: 12-07-2022 was authorized. In view of death of Chairman the committee of management was changed. Thereafter on 20.07.2022 a newly constituted committee passed a resolution to enter into this compromise The copies of said Resolutions dated: 12-07- 2022, 21- 07-2022 and 20-07-2022 are produced herewith.

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b) Thus, the present Committee is managing and has decided to resolve this dispute, since more than 40 years the litigation is going on between the Trust and the petitioners herein. Hence, in the interest of the Trust, the present Managing Committee by its meeting held on 21.07.2022, has resolved in Resolution No.1 to take effective steps in this regard. Thus, it was agreed that, an extent of 18 acres of the said Agricultural Land, out of 25 acres 30 guntas in RS No.101 of Lokur Village in Athani Taluka (now Kagawad Taluk) of Belagavi District is decided to hand over the same to the petitioners No.1 and 2 and the LR’s of the deceased

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WP No. 76031 of 2013

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C/W WP No. 81057 of 2013

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Respondent No.4 in writ petition No.76031/2013 and the LR’s of the deceased petitioner No.1 in writ petition No.81057/2013, as they are one and same.. The said portion which is now sought to be allotted is towards south-west of the said R.S No.101 and in this regard, the Map is produced with colour portion. The yellow color in the said RS No.101 to the extent of 18 acres is allotted to them. Thus, by retaining the remaining extent of 07 acres 30 guntas of the land in the said RS No.101 by the Respondent No.3- Trust, which is in Orange Color . So also the Trust shall have the exclusive rights and ownership in RS No.102 and RS No.142 of the said Lokur Village of Athani Taluka (now Kagwad Taluk). That, the said petitioners shall not claim any rights or interest in respect of other lands in question, other than, the said 18 acres in RS No.101 towards south-west as per the Map. The right of way to the petitioners herein is provided as existing and being used by the agriculturists in the said Village, since it is kept for convenience of all the land owners, adjoining to these lands. The petitioners from the date of this Compromise Petition are put in possession of exclusive ownership and title over the same and they are free to enjoy the same in a manner known to law. So also, the Respondent N.3/Trust is retaining the exclusive ownership title and possession of the remaining portion of 07 Acres and 30 Guntas in the said RS No.101 and Exclusive Ownership to the entire extent of 26 acres 32 guntas in RS. No. 102 and 08 acres 10 guntas in RS. No.142 of the said Lokur village in Athani Taluk (now Kagwad Taluk) of Belagavi District.

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c) That, the Trust has also agreed to receive sum of Rs.10,00,000/- (Rupees Ten Lakhs only) from the petitioners No.1 and 2 and the LR’s of the deceased Respondent No.4 in writ petition No.76031/2013 and the LR’s of the deceased petitioner No.1 in writ petition No.81057/2013 as full and final. The said amount of Rs.10,00,000/- is paid by way of

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WP No. 76031 of 2013 C/W WP No. 81057 of 2013

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Demand Drafts bearing No.272431 dated 30.11.2022 for Rs.5,00,000/- and DD No.272432 dated 30.11.2022 for Rs.5,00,000/- both drawn through The Sangli District Central Cooperative Bank Ltd., Sangli, payable at par. The said amount of Rs.10,00,000/- will be utilized by the Trust for Jeernodhar of the said two Temples. Since, the said Temples are very old and are in dilapidated conditions. So also other activities of the Temples are required to be carried and as such the said amount would be utilized by the Said Trust. So also, for better management of the said agricultural lands in RS. No.101 (in respect of remaining portion), and RS.No.102 and 142 as situated at Lokure Village to have the income to the Trust.

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d) The present Trust Committee, which is existing since 1982, and which is registered under BPT Act before the Assistant Charity Commissioner, Belagavi, as noted above, has got approved the said Committee for a period of 05 years commencing from 13.08.2017 to 13.08.2022. The same was approved in Misc. Application No.128/2018 by the learned X Addl. District and Sessions Judge, Belagavi, in view of the petition filed by the respondent No.3- Trust under the provisions of Sec.3 and 7 of the Charitable and Religions Trust Act, 1920 and inview of the State Government Notification. The said Misc. Application was filed in view of repeal of the BPT Act with effect from 01.05.2003 and the New Act i.e., The Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 is not made applicable in respect of Math or Religious and Charitable Institutions. Thus, in view of the said notification and no dispute by any of the members of the said Trust, the said Misc. Application No.128/2018 was approved. That, in respect of any alienation etc., of the Trust property or properties, the permission of the Charity Commissioner was required to be taken U/Sec.50 of the BTP Act. However, in view of repeal of the said BPT Act, the

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WP No. 76031 of 2013

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C/W WP No. 81057 of 2013

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present Committee is acting as per the Byelaw. Hence, the present Committee is empowered to enter into compromise in respect of the Trust properties with the petitioners herein.

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e) The said Trust has acted in the welfare of the said Temples and for their improvements as required to be done. Since, the revenue from the said agricultural lands are not sufficient and further the present litigation is going on for the last 40 years. So also, the petitioners herein have restricted their claims as of rights and interest over the lands in question, by agreeing to receive collectively of 18 acres of land only in the said RS No.101 of Lokur Village of Athani Taluka (now Kagwad Taluk), Belagavi District and they have agreed to pay Rs. Ten Lakhs Only to the Trust.

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f) That, the petitioners as well as the Respondent No.3/Trust are required to approach the competent authority, Tahasildar under the Act and Rules to seek Form No. I, by paying necessary occupancy price etc., in this regard, after the order passed in this Compromise Petition. For the same, the petitioners as well as the Trust CommitteeRespondent No.3 shall cooperate in this regard, without any objections or hurdle.

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g) The petitioners herein shall be entitled to mutate their names in the Revenue Records of the said RS. No.101, of the said Lokur village of Kagwad Tq. as per the extent of lands in view of this compromise petition. So also they are entitle for survey and other revenue proceedings in this regard. Since, now the name of the Respondent No- 3- Trust is mutated, to its entire Extent in all the said RS.No.101,102,142 of the said Village..

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h) That, the petitioners herein in both the writ petitions are entitle to hold the ownership, title, possession etc., over the extent of 18 acres in the said RS No.101 of Lokur Village of Kagwad taluk in Belagavi District, which is clearly marked with

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10 -

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WP No. 76031 of 2013

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C/W WP No. 81057 of 2013

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yellow color in the Map annexed to this compromise petition. The said Map would be part and parcel of this compromise petition. The petitioners are entitled to enjoy the same forthwith by them and by their Legal Heirs, or Successors or Assignees, Executors or any one acting on their behalf etc in this regard of this property. So also, the Respondent No.3/Trust herein or Successors or any one acting on behalf of the Trust shall not interfere in peaceful possession and enjoyment of the said suit property which is now allotted to the petitioners herein. So also, the Petitioners or by their Legal Heirs, or Successors or Assignees, Executors or any one acting on their behalf etc shall not interfere in any manner in respect of the Lands which will be in Possession, Occupation and Ownership of the Respondent No.3- Trust or any one succeeding or Assignees, Executors etc in the remaining extent of 7 acres 30 guntas of the land in the said RS No.101, 26 acres 32 guntas in RS. No. 102 and 08 acres 10 guntas in RS. No.142 of the Lokur village in Athani Taluk (now Kagwad Taluk) of Belagavi District.

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i) The petitioners also undertakes that, they shall not claim any further rights, interest or title over the lands in question as against the Respondent No.3/Trust or against any one acting on behalf of the Trust before any Court of law or authority under the said Act or Rules or any enactment as occupancy rights, other than the land granted in this compromise petition.

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In terms of the settlement arrived between the

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parties, the petitioners have agreed to donate a sum of Rs.10 lakh to the 3^rd respondent - Devastan Committee for renovation of the temple through demand draft and the receipt of the same is acknowledged by the Trustees of the 3^rd respondent -

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Devastan Committee, who are present before this Court. Therefore, these writ petitions require to be disposed of in the light of the settlement arrived between the parties. Accordingly, I pass the following:

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ORDER

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i) Writ petitions are allowed in part.

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ii) The order dated 27.9.2005 passed by the Land

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Tribunal, Athani, is hereby modified as follows:

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a) The 3^rd respondent is declared as an occupant of the lands bearing RS No.101 measuring 25 acres 10 guntas, RS No.102 measuring 26 acres 37 guntas and RS No.142 measuring 8 acres 10 guntas all situated at Lokur village, Athani Taluk, Belagavi District.

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b) The petitioners are declared as occupants of the land to an extent of 18 acres in Sy.No.101 of Lokur village, Athani Taluk, Belagavi District, which is delineated in the sketch annexed to the compromise petition and the same is taken as part and parcel of the compromise petition.

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c) The jurisdictional Tahsildar to register the petitioners and the 3^rd respondent as occupants of the subject

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WP No. 76031 of 2013

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lands as indicated above and to issue Form No.10 to the petitioners and the 3^rd respondent subject to payment of requisite premium as specified under the provisions of the Act.

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Sd/JUDGE

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BKM

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List No.: 1 Sl No.: 60

Shivaji Ramu Kokane, v. the Land Tribunal, Athani

Case brief

What is this about?

What did the court decide?

Shivaji Ramu Kokane, v. the Land Tribunal, Athani

Case brief

What is this about?

What did the court decide?

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