Allowed

Smt. Menakaraje D/O Bhairavasingh Ghorpade v. the State by Karnataka

Karnataka HC10 Oct 2023WP/100633/2023

Case brief

AI extract

What is this about?

Writ petition assailing conjunctive orders allowing impleading applications by State allottees and admissibility of third party rights in pending appeal was allowed. Impugned orders set aside and I.A. Nos. 2 and 3 rejected without denying future civil adjudication rights.

What did the court decide?

Writ petition allowed; impugned orders on I.A.Nos. 2 and 3 set aside; I.A.Nos. 2 and 3 rejected.

Smt. Menakaraje D/O Bhairavasingh Ghorpade Vs the State… — Land Acquisition | Karnataka HC (2023)

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NC: 2023:KHC-D:12136 WP No. 100633 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10^TH DAY OF OCTOBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 100633 OF 2023 (GM-CPC)

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BETWEEN:

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SMT. MENAKARAJE D/O. BHAIRAVASINGH GHORPADE, AGE: 48 YEARS, OCC: HOUSEHOLD AND LAND LADY, R/O: “VILAS BUNGALOW”, SIDRAMESHWAR COLONY, MUDHOL-587313, DIST: BAGALKOTE, NOW RESIDING AT “MUDHOL HOUSE”, NO.111, KOREGAON PARK, PUNE-411001, MAHARASHTRA STATE.

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…PETITIONER

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(BY SRI SRIHARSH A. NEELOPANT, ADVOCATE)

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AND:

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THE STATE BY KARNATAKA, REPRESENTED BY DEPUTY COMMISSIONER, NAVANAGAR, BAGALKOTE-587101, TQ/DIST: BAGALKOTE.

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MOHANKUMAR B SHELAR

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Digitally signed by MOHANKUMAR B SHELAR

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Date: 2023.10.12 11:32:22 +0530

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YALLAPPA S/O. VENKAPPA AMBI, AGE: 60 YEARS, OCC: COOLIE, R/O. WARD NO.5, MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOTE.

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SHRISHAIL S/O. VITTAL UPPAR, AGE: 50 YEARS, OCC: COOLIE, R/O. WARD NO.5, MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOTE.

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SMT. SUMANGALA W/O. LAXMAN BISARADDI, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O. WARD NO.5, MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOTE.

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SMT. SHANTABAI W/O. VASANT KODATI, AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O. WARD NO.5, MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOTE.

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2 - NC: 2023:KHC-D:12136 WP No. 100633 of 2023

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CHAMPAWWA @ CHAMPA, W/O. DUNDAPPA CHAVAN @ CHOUHAN, AGE: 62 YEARS, OCC: COOLIE, R/O. WARD NO.5, MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOTE.

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SAIDU S/O. MAHADEV TORAGAL, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. WARD NO.7, PAVAN CHUKKI, MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOTE.

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SMT. SANTOSHI W/O. MAHAGUNDAPPA BHUDI, AGE: 34 YEARS, OCC: AGRICULTURE, R/O. WARD NO.7, PAVAN CHUKKI, MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOTE.

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RAVINDRA S/O. HOLEPPA KAMBLE, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. WARD NO.7, PAVAN CHUKKI, MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOTE.

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MAHADEV S/O. SHIVAGONDAPPA JEERAGAL, AGE: 57 YEARS, OCC: AGRICULTURE, R/O. WARD NO.7, PAVAN CHUKKI, MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOTE.

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SMT. MAHADEVI ANNAPPA PANDRE, AGE: 57 YEARS, OCC: HOUSEHOLD WORK, R/O. WARD NO.5, PAVAN CHUKKI, MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOTE.

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MAHESH S/O. ANNAPPA PANDRE, AGE: 57 YEARS, OCC: AGRICULTURE, R/O. WARD NO.5, PAVAN CHUKKI, MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOTE.

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TAMANNA S/O. ANNAPPA PANDRE, AGE: 57 YEARS, OCC: AGRICULTURE, R/O. WARD NO.5, PAVAN CHUKKI, MUDHOL-587313,

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3 - NC: 2023:KHC-D:12136 WP No. 100633 of 2023

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TQ: MUDHOL, DIST: BAGALKOTE.

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SMT. MAHANAND W/O. RAMANNA MUNAVALLI, AGE: 43 YEARS, OCC: HOUSEHOLD WORK, R/O. WARD NO.5, PAVAN CHUKKI, MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOTE.

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SMT. SUMITRA @ SAVITRI, W/O. PARASHURAM HUDED, AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O. WARD NO.5, PAVAN CHUKKI, MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOTE.

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HANAMANTH S/O. SHANKAR KOUJALAGI, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. WARD NO.5, PAVAN CHUKKI, MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOTE.

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…RESPONDENTS

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(BY SRI SHIVAPRABHU S. HIREMATH, AGA FOR R1; SRI RAVI S. BALIKARI, ADV. FOR R2 TO R16)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

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227 OF THE CONSTITUTION OF INDIA PRAYING TO, I) ISSUE A WRIT OR DIRECTION OR ORDER IN THE NATURE OF WRIT OF CERTIORARI TO SET-ASIDE THE ORDER DATED 09.11.2022 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC MUDHOL IN R.A.NO.24/2018 PASSED ON I.A.NO.II AND III FILED UNDER ORDER I RULE 10(2) R/W. SECTION 151 OF CPC AS PER ANNEXURE-A AND DISMISS THE I.A.NO.II AND III FILED BY THE PROPOSED RESPONDENTS.

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4 - NC: 2023:KHC-D:12136 WP No. 100633 of 2023

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THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The captioned writ petition is filed assailing the order of Appellate Court on an application filed in I.A.No.2 and 3 by the proposed respondents, who claimed to be the allottees under the State. The proposed respondents claimed that the State Government has allotted sites under the Ashraya Yojana and they are in exclusive possession. The said applications filed in I.A.Nos.2 and 3 are allowed by the Appellate Court.

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The plaintiff, who is appellant in the pending regular appeal, has strongly resisted the impleading application filed in I.A.1 and 2. The Appellate Court has allowed the applications and has permitted the proposed respondents to come on record in pending regular appeal.

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Heard the counsel for petitioner and counsel appearing for proposed respondents.

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The present petitioner instituted a suit seeking relief of declaration and injunction against the State Government and

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5 - NC: 2023:KHC-D:12136 WP No. 100633 of 2023

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said suit is dismissed. The petitioner-plaintiff preferred an appeal and same is pending consideration. The proposed respondents admittedly are tracing their rights through the State Government. They claim that State Government has formed sites and in turn has allotted sites under Ashray Yojana. It is forthcoming from the records that the plaintiff’s suit is dismissed and the appeal is pending consideration before the Appellate Court. The plaintiff is strongly resisting the impleading application filed by the allottees. I do find some force in the submissions made by the learned counsel appearing for the petitioner. If petitioner has instituted a suit against the State, in pending appeal filed under Section 96 of CPC, the proposed respondents cannot substantiate and seek adjudication of their rights in the absence of pleadings. If petitioner-plaintiff has consciously chosen to institute suit only against the Government, dehors the factual matrix on the ground, he can seek adjudication only against the State Government. Even though plaintiff is resisting the impleading application on the principles that plaintiff is a dominus litus, however the proposed respondents cannot be left remediless. If the proposed respondents claim that pursuant to action of

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6 - NC: 2023:KHC-D:12136 WP No. 100633 of 2023

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respondent-State, third party rights are created before institution of suit, it is open for the proposed respondents to initiate appropriate proceedings before the competent Civil Court and seek adjudication of their rights in the property. For the reasons stated supra, I pass the following:

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ORDER

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i) The writ petition is allowed.

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ii) The impugned order on I.A.Nos.2 and 3 is hereby set aside. Consequently, I.A.Nos.2 and 3 are hereby rejected.

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iii) It is made clear that rejection of I.A.Nos.2 and 3 will not take away the rights of the proposed respondents in initiating appropriate proceedings before the competent Civil Court.

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iv) In view of disposal of petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

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Sd/JUDGE

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AM,YAN

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List No.: 1 Sl No.: 52

Smt. Menakaraje D/O Bhairavasingh Ghorpade v. the State by Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Menakaraje D/O Bhairavasingh Ghorpade v. the State by Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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