Dismissed

Ashok S/O Vijay Bhaskar v. the State of Karnataka Represented

Karnataka HC6 Dec 2023WP/101647/2022

Case brief

AI extract

What is this about?

Petitioners sought a writ directing the tahasildar to implement a previous revenue order mandating the removal of encroachments obstructing road access to their lands. The High Court directed the tahasildar to effectuate the order while noting potential pending civil proceedings. An interlocutory application was dismissed.

What did the court decide?

Directing the TaHasildar to give effect to the order dated 07.08.2018 passed by the Deputy Commissioner.

Ashok S/O Vijay Bhaskar Vs the State of Karnataka Represented — Partition | Karnataka HC (2023)

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NC: 2023:KHC-D:14231 WP No. 101647 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF DECEMBER, 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. 101647 OF 2022 (GM-RES)

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BETWEEN:

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ASHOK

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S/O. VIJAY BHASKAR, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. NEAR ANJANAEYYA TEMPLE, DAGGI ANJANAYYA TEMPLE, MUSTUR VILLAGE, TQ: GANGAVATI, KOPPAL DISTRICT-583231.

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SRINIVAS

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S/O. LAJPAT RAJ, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. NEAR ANJANAEYYA TEMPLE, DAGGI ANJANAYYA TEMPLE, MUSTUR VILLAGE, TQ: GANGAVATI, KOPPAL DISTRICT-583231.

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GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI

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NAGESHWAR S/O. NAGANNA, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. NEAR ANJANAEYYA TEMPLE, DAGGI ANJANAYYA TEMPLE, MUSTUR VILLAGE, TQ: GANGAVATHI , KOPPAL DISTRICT-583231.

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…PETITIONERS

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(BY SRI. JAGADISH PATIL & SRI. S.B. MALLIGAWAD, ADVOCATES)

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NC: 2023:KHC-D:14231 WP No. 101647 of 2022

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560001.

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THE DEPUTY COMMISSIONER, KOPPAL, DIST: KOPPAL-583231.

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THE ASSISTANT COMMISSIONER, KOPPAL DIST: KOPPAL-583231.

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THE TAHASILDAR GANGAVATI, KOPPAL, DIST: KOPPAL-583231.

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ISHAPPA S/O. PAMPAPATEPPA ANGADI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. MUSTUR VILLAGE, TQ: GANGAVATHI, DIST: KOPPAL-583231.

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THE SUPERINTENDENT OF POLICE, KOPPAL, TQ: DIST: KOPPAL-583231.

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THE CIRCLE INSPECTOR OF POLICE, GANGAVATHI, AT POST, GANGAVATHI, TQ: GANGAVATHI, DIST: KOPPAL-583231.

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…RESPONDENTS

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(BY SRI. PRAVEEN UPPAR, AGA FOR R1 TO R4, R6 & R7; SRI. P.G. MOGALI, ADV. FOR R5;)

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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 MANDAMUS DIRECTING THE RESPONDENT NO.4 IMPLEMENT THE ORDER DATED 07.08.2018 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-B AND ETC.

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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:14231 WP No. 101647 of 2022

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ORDER

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The petitioners are said to be the residents of Daggi Anjenaeyya Camp, Mustoor village and it is alleged that respondent No.5 obstructed proper access to his land through the village road by encroaching the same. In this regard, proceedings were initiated before the respondent No.2 and an order dated 07.08.2018 has been passed, wherein respondent No.4 Tahasildar is directed to remove the encroachments and make available the road to the villagers. On the ground that the same has not been implemented so far, the present writ petition is filed with prayer to direct the concerned authorities to implement the order passed by respondent No.2.

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Advocate for respondent No.5 submits that the said order has already been implemented and attention of the Court is drawn to the letter issued by respondent No.4 in this regard on 20.06.2022.

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Admittedly, the petitioner is entitled to the

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access to his lands through the road as ordered by

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4 - NC: 2023:KHC-D:14231 WP No. 101647 of 2022

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respondent No.2 vide its order dated 07.08.2012 vide Annexure-B to the writ petition, however, subject to any decision that may be arrived at in any proceedings before the Civil Court. It is submitted by respondent No.5 that there is no such road on his land and in this regard, cases are pending.

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As observed above, the order of respondent No.2 shall be subject to the result of any order to be passed in any of the said civil proceedings. However, in the absence of the same, the petitioner is entitled to access to his land through the road as contemplated in the order passed by respondent No.2, at Annexure–B to the writ petition.

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With the said observations, writ petition is disposed off with a direction to respondent No.4 to give effect to the order of respondent No.2 dated 07.08.2018 vide Annexure–B to the writ petition.

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- 5 - NC: 2023:KHC-D:14231 WP No. 101647 of 2022

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Pending interlocutory application does not survive

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and the same stands dismissed.

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Sd/JUDGE

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GAB,RSH / CT: MCK LIST NO.: 1 SL NO.: 23

Ashok S/O Vijay Bhaskar v. the State of Karnataka Represented

Case brief

What is this about?

What did the court decide?

Ashok S/O Vijay Bhaskar v. the State of Karnataka Represented

Case brief

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What did the court decide?

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