Disposed

Shree Gurudev Bharamanand Education Prasar Society Parmanandwadi v. the Panchayat Development Officer

Karnataka HC23 Nov 2023WP/100709/2022

Case brief

AI extract

What is this about?

Dispute over revenue record entries regarding properties claimed by two rival parties, the petitioner Society and Respondent No. 3. Court ordered respondents to register the Society as owner subject to the outcome of the pending civil suit.

What did the court decide?

Petitioners name in revenue records and modification of impugned resolution accordingly subject to order of jurisdictional Civil Court.

Shree Gurudev Bharamanand Education Prasar Society… — Property and Title | Karnataka HC (2023)

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NC: 2023:KHC-D:13671 WP No. 100709 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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WRIT PETITION NO. 100709 OF 2022 (LB-RES)

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BETWEEN:

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GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI

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SHREE GURUDEV BHARAMANAND EDUCATION PRASAR SOCIETY, PARMANANDWADI, TQ: RAIBHAG, DIST: BELAGAVI, R/BY ITS PRESIDENT BASAPPA S/O. MALLAPPA WALAKE, AGE: 62 YEARS, OCC: PRESIDENT SHRI GURUDEV BHRAMANAND EDUCATION PRASAR SOCIETY, R/O. SHRI GURUDEV BHRAMANAND EDUCATION PRASAR SOCIETY, PARAMANANDWADI, TQ: RAIBAG, DIST: BELAGAVI.

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(BY SRI PRASHANT S. HOSMANI, ADVOCATE)

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…PETITIONER

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AND:

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THE PANCHAYAT DEVELOPMENT OFFICER, PARMANANDWADI, TQ: RAIBHAG, DIST: BELAGAVI-590001.

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2 - NC: 2023:KHC-D:13671 WP No. 100709 of 2022

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THE PRESIDENT, GRAM PANCHAYAT PARMANANDWADI, PARMANANDWADI, TQ: RAIBHAG, DIST: BELAGAVI-590001.

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SHREE ABHINAV BHARAMANAND CLAIMING TO BE MAHASWAMIGALU OF GURUDEV BHARAMANAND ASHRAM, SAUNSHI, AGE: MAJOR, R/O: PARAMANANDWADI, TQ: RAIBAG, DIST: BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI HARSHAWARDHAN M. PATIL, ADV. FOR R1 & R2; SRI B.S. KAMATE, ADV. FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION AND QUASH THE RESOLUTION DATED 27.01.2022 BEARING NO.6 PASSED BY THE 2^ND PRODUCED AT ANNEXURE-H.

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

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3 - NC: 2023:KHC-D:13671 WP No. 100709 of 2022

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ORDER

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It is submitted that the properties bearing VPC Nos.411/1B, 411/1/1, 411/1/A, 411/2, 411/2A and 343/G situated in Parmanandwadi, Taluk Raibag are owned by Shree Gurudev Bharamanand Ashram. There is a dispute between one Basappa, who has filed the instant writ petition as President of the petitioner – Society and respondent No.3, who claims to be Mathadipati of the said Ashram as to who is the actual Mathadipati. The impugned resolution passed by respondent Nos.1 and 2 – Gram Panchayat, records the name of the respondent No.3 in the revenue records pertaining to the property. The same is under challenge.

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It is not in dispute that the property actually belongs to Shree Gurudev Bharamanand Ashram. There is a dispute as to who is the Mathadipati. It is for the parties to go to the Civil Court and establish their rights in this regard.

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Under the said circumstances, it would be appropriate to order respondent Nos.1 and 2 to register

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4 - NC: 2023:KHC-D:13671 WP No. 100709 of 2022

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the name of Shree Gurudev Bharamanand Ashram as the

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owner of the property in its revenue records. Hence, the following:

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ORDER

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Respondent Nos.1 and 2 shall enter the name of

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Shree Gurudev Bharamanand Ashram as the owner in the revenue records pertaining to the properties concerned and the impugned resolution shall be modified by respondent Nos.1 and 2 to that effect.

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It is hereby made clear that this order is subject to result of any order that may be passed by the jurisdictional civil Court and if there is any other actual owner to the properties concerned, they can always make a claim for the same.

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Writ petition is disposed off accordingly.

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All pending applications stand dismissed.

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Sd/JUDGE

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RSH / Ct-mck

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List No.: 1 Sl No.: 16

Shree Gurudev Bharamanand Education Prasar Society Parmanandwadi v. the Panchayat Development Officer

Case brief

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What did the court decide?

Shree Gurudev Bharamanand Education Prasar Society Parmanandwadi v. the Panchayat Development Officer

Case brief

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What did the court decide?

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