Dismissed

Shri. Saradesai Navalgund Sirsangi Trust v. Smt. Hanifa W/O Imamhussain Attar

Karnataka HC13 Sept 2023WA/100068/2022

Case brief

AI extract

What is this about?

Two connected writ appeals were filed by the Trust and the State challenging a Single Judge order that remitted a land claim dispute to the Tahsildar for fresh reconsideration. The High Court dismissed the appeals, holding no illegality warranted interference and reversed a remittal was safe. The liberty to shorten rival contentions was reserved. The appeals were disposed off without interfering i

What did the court decide?

Both writ appeals disposed off without interfering in the impugned order; liberty reserved to the parties for the Tahsildar to proceed.

Shri. Saradesai Navalgund Sirsangi Trust Vs Smt… — Landlord and Tenant | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:10535-DB WA No. 100068 of 2022 C/W WA No. 100028 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13^TH DAY OF SEPTEMBER, 2023 PRESENT

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA WRIT APPEAL NO. 100068 OF 2022 (KLR-RES) C/W WRIT APPEAL NO. 100028 OF 2023 (KLR-RES)

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IN WA NO.100068 OF 2022:

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BETWEEN:

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SHRI. SARADESAI NAVALGUND SIRSANGI TRUST BY ITS ADMINISITRATOR, THE DEPUTY COMMISSIONER AND ADMINISTRATOR, BELAGAVI, TALUK AND DISTRICT: BELAGAVI.

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…APPELLANT

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(BY SRI.NITIN R.BOLABANDI AND SMT.SHWETA KULKARNI, ADVOCATES)

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AND:

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K M SOMASHEKAR HIGH COURT OF KARNATAKA DHARWAD BENCH 2023.09.15 11:26:17 +0530

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SMT. HANIFA W/O. IMAMHUSSAIN ATTAR AGE: 81 YEARS, OCC: AGRICULTURE COOLIE, R/O: NEAR KHADI GRAMODYOGA KENDRA, RAMAPUR SITE, SAUDATTI, DIST: BELAGAVI.

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THE STATE OF KARNATAKA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, M.S. BUILDING, BENGALURU-01, BY ITS SECRETARY.

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THE GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560001, BY ITS PRINCIPLE SECRETARY.

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THE DEPUTY COMMISSIONER BELAGAVI-560002.

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2 - NC: 2023:KHC-D:10535-DB WA No. 100068 of 2022 C/W WA No. 100028 of 2023

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THE ASSISTANT COMMISSIONER BAILHONGAL SUB-DIVISION, BAILHONGAL-590002.

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THE TAHASILDAR AND EXECUTIVE MAGISTRATE SAUDATTI-590002.

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…RESPONDENTS

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(BY SRI.PRAVEEN UPPAR, ADDL. GOVT. ADV. FOR R2 TO R6; SRI.MALLIKARJUNSWAMY B. HIREMATH, ADV. FOR R1)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING THIS HON’BLE COURT TO, ALLOW THIS WRIT APPEAL BY GRANTING THE FOLLOWING RELIEFS, SET ASIDE THE ORDER DATED 20.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WP.MO.103878/2021 (KLR-RES).

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IN WA NO.100028 OF 2023:

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BETWEEN:

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THE STATE OF KARNATAKA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, M.S. BUILDING, BENGALURU-01,

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THE GOVERNMENT OF KARNATAKA THE PRL. SECRETARY TO GOVERNMENT, DEPT. OF REVENUE, M.S. BUILDING, BENGALURU-560001,

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THE DEPUTY COMMISSIONER BELAGAVI-590002.

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THE ASST. COMMISSIONER BAILHONGAL SUB-DIVISION, BAILHONGAL, DISTRICT: BELAGAVI-590002.

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THE TAHASILDAR AND EXECUTIVE MAGISTRATE, SAUDATTI, DISTRICT: BELAGAVI-590002.

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3 - NC: 2023:KHC-D:10535-DB WA No. 100068 of 2022 C/W WA No. 100028 of 2023

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…APPELLANTS

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(BY SRI.PRAVEEN UPPAR, ADDL. GOVT. ADVOCATE)

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AND:

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SMT. HANIFA W/O. IMAMHUSSAIN ATTAR AGE: 82 YEARS, OCC: AGRICULTURE COOLIE, R/O: NEAR KHADI GRAMODYOGA KENDRA, RAMAPUR SITE, SAUDATTI, DISTRICT: BELAGAVI-590002.

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THE DEPUTY COMMISSIONER AND ADMINISTRATOR OF NAVALGUND SIRSANGI TRUST, BELGAUM, REPRESENTED BY THRO HUZUR, KARABHAVI, TALUK AND DIST: BELAGAVI-590002.

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…RESPONDENTS

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(BY SRI.NITIN R.BOLABANDI AND SMT.SHWETA KULKARNI, ADVOCATES FOR R2; SRI.MALLIKARJUNSWAMY B.HIREMATH, ADV. FOR R1)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING THIS HON’BLE COURT TO CALL FOR RECORDS OF W.P.NO.103878/2021 DATED 20.12.2021 ON THE FILE OF THE LEARNED SINGLE JUDGE, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD; SET ASIDE THE ORDER DATED PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.103878/2021 20.12.2021; GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING, THIS DAY, S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:

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4 - NC: 2023:KHC-D:10535-DB WA No. 100068 of 2022 C/W WA No. 100028 of 2023

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JUDGMENT

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Both these intra-Court appeals arise out of the impugned order dated 20.12.2021 passed in WP No.103878/2021, whereby the learned Single Judge allowed the petition filed by Smt.Hanifa/writ petitioner and remitted the matter back to the Tahsildar for reconsideration afresh in accordance with law.

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2. Heard the learned counsel for the parties in both the appeals and perused the material on record.

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3. The material on record discloses that the aforesaid petition was filed by Smt.Hanifa/writ petitioner challenging the endorsement dated 16.9.2021 issued by the Tahsildar rejecting the claim of the writ petitioner for grant of subject land in her favour. During the pendency of the petition, Sardesai Navalgund Sirsangi Trust Committee, Belagavi got itself impleaded as respondent No.6 and contested the petition. By final order dated 20.12.2021, the learned Single Judge setaside the impugned endorsement dated 16.9.2021 and remitted the matter back to the Tahsildar for reconsideration afresh in accordance with law by providing an opportunity to the aforesaid Trust to file its objections and oppose the claim of the writ petitioner.

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5 - NC: 2023:KHC-D:10535-DB WA No. 100068 of 2022 C/W WA No. 100028 of 2023

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4. Aggrieved by the impugned order of the learned Single Judge, the Trust is before this Court in WA No.100068/2022, while the State has preferred connected appeal in WA No.100028/2023.

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5. Though several contentions have been urged both by the appellant/Trust, respondent/writ petitioner and the appellant/State in support of their respective claims, a perusal of the impugned order will indicate that the learned Single Judge has remitted the matter back to the Tahsildar for reconsideration afresh in accordance with law by reserving liberty in favour of the parties to urge their contentions, which shall be considered by the Tahsildar in accordance with law.

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6. Under these circumstances, it cannot be said that either of the party would be put to any prejudice or hardship, if the Tahsildar reconsiders the claim of the appellant/Trust as well as writ petitioner in accordance with law by providing sufficient and reasonable opportunity to both the parties to putforth their respective claims and permit them to file statement of objections/additional documents etc., in support of their respective claims. Under these circumstances, we do not find any illegality or infirmity in the impugned order warranting

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NC: 2023:KHC-D:10535-DB WA No. 100068 of 2022 C/W WA No. 100028 of 2023

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interference by this Court in these appeals.

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7. In the result, we proceed to pass the following:

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ORDER

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a) Both writ appeals stand disposed off without interfering in the impugned order passed by the learned Single Judge.

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b) Liberty is reserved in favour of the appellant/Trust and Smt.Hanifa/writ petitioner to file pleadings, documents etc., before the Tahsildar, who shall consider the rival claims and proceed to pass appropriate orders in accordance with law.

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c) All rival contentions of the parties are kept open and no opinion is expressed on the same.

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Pending applications, if any, do not survive for

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consideration and accordingly, they are disposed off.

JUDGE

Sd JUDGE

JTR

List No.: 1 Sl No.: 39

Shri. Saradesai Navalgund Sirsangi Trust v. Smt. Hanifa W/O Imamhussain Attar

Case brief

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Shri. Saradesai Navalgund Sirsangi Trust v. Smt. Hanifa W/O Imamhussain Attar

Case brief

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What did the court decide?

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