Allowed

Shantram Talawar Dcsd Lrs Ranawwa Talawar Dcsd Lrs Dundawwa Talawar Dcsd Lrs Vasant Dundavva Talwar v. Satteppa S/O Rajappa Belvi Descd Lrs Hanamant S/O. Satyappa Belvi

Karnataka HC15 Nov 2023WA/100015/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharmawad Bench allowed a writ appeal challenging an order passed by the Single Judge. The Court set aside the impugned order as a nullity because it was passed against deceased respondents and remanded the matter for fresh adjudication on merits with necessary directions, expressly reserving opinion on the substantive issues.

What did the court decide?

The order of the Single Judge is set aside and the matter is remanded to the Single Judge for fresh adjudication after taking steps to regularize the representation of the deceased respondent Nos. 4 a

Shantram Talawar Dcsd Lrs Ranawwa Talawar Dcsd Lrs… — Land Acquisition | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:13199-DB WA No. 100015 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 15^TH DAY OF NOVEMBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL

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WRIT APPEAL NO. 100015 OF 2023 (SCST)

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BETWEEN:

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SHRI. SHANTRAM S/O SATTEPPA TALAWAR SINCE DECEASED BY HIS LR’S.

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SMT. RANAWWA W/O LATE SHANTRAM TALAWAR, SINCE DECEASED BY HER LR’S.

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SMT. DUNDAWWA D/O. LATE SHANTRAM TALAWAR SINCE DECEASED BY HER LR’S.

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SHRI. VASANT S/O DUNDAVVA TALAWAR, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. GANESHWADI, TQ. GOKAK, DIST. BELAGAVI, PIN-591310.

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SHIVAKUMAR HIREMATH Digitally signed by SHIVAKUMAR HIREMATH Date: 2023.11.22 10:32:14 +0530

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SHRI HANUMANTH S/O. LATE SHANTRAM TALAWAR, AGE. 55 YEARS, OCC. AGRICULTURE, R/O. GANESHWADI, TQ. GOKAK, DIST. BELAGAVI, PIN-591218.

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SHRI. KEMPANNA S/O. LATE SHANTRAM TALAWAR, AGE. 58 YEARS, OCC. AGRICULTURE, R/O. GANESHWADI, TQ. GOKAK, DIST. BELAGAVI, PIN-591218.

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SMT. PARASAWWA W/O. MALLAPPA TALAWAR, AGE. 59 YEARS, OCC. AGRICULTURE, R/O. GANESHWADI, TQ. GOKAK, DIST. BELAGAVI, PIN-591218.

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BALAVANTH S/O YAMANAPPA TALAWAR, SINCE DECEASED BY HIS LR’S.

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2 - NC: 2023:KHC-D:13199-DB WA No. 100015 of 2023

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SHRI. ANAND S/O. BALAVANTHAPPA TALAWAR, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. GANESHWADI, TQ. GOKAK, DIST. BELAGAVI, PIN-591218.

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SHRI. SURESH S/O. BALAVANTHAPPA TALAWAR, AGE. 51 YEARS, OCC. AGRICULTURE, R/O. GANESHWADI, TQ. GOKAK, DIST. BELAGAVI, PIN-591218.

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… APPELLANTS

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(BY SRI. HEMANTHKUMAR L. HAVARAGI, ADVOCATE)

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AND:

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SHRI. SATTEPPA S/O RAJAPPA BELVI, SINCE DECEASED BY HIS LR’S

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SHRI. HANAMANT S/O. SATYAPPA BELVI, AGE. 50 YEARS, OCC. AGRICULTURE, R/O. GANESHWADI, TQ. GOKAK, DIST. BELAGAVI, PIN-591218.

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SHRI. GOPAL S/O. SATYAPPA BELVI, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. GANESHWADI, TQ. GOKAK, DIST. BELAGAVI, PIN-591218.

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SMT. MAYAWWA S/O. LANGAMAPPA MAGDUM, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. GANESHWADI, TQ. GOKAK, DIST. BELAGAVI, PIN-591218.

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SMT. RAJASHREE W/O. VITTAL KUDRUK, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. GANESHWADI, TQ. GOKAK, DIST. BELAGAVI, PIN-591218.

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THE DEPUTY COMMISSIONER, BELAGAVI, BELAGAVI DISTRICT,PIN-591218.

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THE ASSISTANT COMMISSIONER, BAILHONGAL SUB-DIVISIONAL, DIST. BELAGAVI, PIN-591218.

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3 - NC: 2023:KHC-D:13199-DB WA No. 100015 of 2023

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THE TAHASILDAR, GOKAK, GOKAK TALUKA, GOKAK, PIN-591218.

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… RESPONDENTS

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(BY SRI. H.M. DHARIGOND, ADVOCATE FOR C/R1 & R2; SRI. G.K. HIREGOUDAR, GA FOR R5-R7)

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THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET-ASIDE THE ORDER DATED 16/11/2022 PASSED IN W.P.NO.106144/2014 (SC/ST) BY THE SINGLE JUDGE OF THIS HON’BLE HIGH COURT AND THEREBY ALLOW THE WRIT APPEAL, IN THE INTEREST OF JUSTICE.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, S. SUNIL DUTT YADAV, J., DELIVERED THE FOLLOWING:

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JUDGMENT

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The appeal is filed challenging the correctness of the order of the learned Single Judge in W.P.No.106144/2014, wherein, the order of resumption of land in favour of the original grantee on the ground of violation of Section 5 of Karnataka Scheduled Caste and Scheduled Tribe Prohibition of Transfer of Land Act, 1978 has been set aside.

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At the hearing of the appeal, the order of the learned Single Judge is assailed on the sole ground that, in the writ proceedings respondent No.4 Smt. Ranawwa and respondent No.5 Smt. Dundawwa who were claiming

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4 - NC: 2023:KHC-D:13199-DB WA No. 100015 of 2023

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rights under the grantee i.e. Smt. Krishnawwa are stated to have died. Smt. Ranawwa is stated to have died on 16.08.2019 and Smt. Dundavva is stated to have died on 04.05.2021. Copy of the death certificate of Smt. Dundavva has also been produced along with the affidavit filed before this Court by Sri. Vasant Talawar, who is the appellant No.1 in the present appeal.

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It is the case of the appellants that, the order passed by the learned Single Judge is against the dead persons as both the respondent Nos.4 and 5 before the learned Single Judge had died as on the date of passing of the order.

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In the light of such facts as stated above, the order passed against dead persons amounts to a nullity and accordingly is set aside, and the matter is remanded to the learned Single Judge, for fresh adjudication.

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5 - NC: 2023:KHC-D:13199-DB WA No. 100015 of 2023

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On resumption of the matter, necessary steps

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to be taken before the learned Single Judge as regards the deceased respondent Nos.4 and 5.

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Accordingly, the appeal is disposed of.

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All contentions of the parties are kept open.

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It is made clear that, the Court has not

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expressed any opinion on the merits of the matter and the matter is being remitted to the learned Single Judge only on the ground that the order is passed against the dead persons.

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In the light of the disposal of the writ appeal,

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pending I.As. if any do not survive for consideration. Accordingly, the same are disposed of.

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Sd/JUDGE

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Sd/JUDGE

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SVH/CT:BCK

Shantram Talawar Dcsd Lrs Ranawwa Talawar Dcsd Lrs Dundawwa Talawar Dcsd Lrs Vasant Dundavva Talwar v. Satteppa S/O Rajappa Belvi Descd Lrs Hanamant S/O. Satyappa Belvi

Case brief

What is this about?

What did the court decide?

Shantram Talawar Dcsd Lrs Ranawwa Talawar Dcsd Lrs Dundawwa Talawar Dcsd Lrs Vasant Dundavva Talwar v. Satteppa S/O Rajappa Belvi Descd Lrs Hanamant S/O. Satyappa Belvi

Case brief

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What the court decided

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