The petitioner, an alleged unauthorized occupant of government land, challenged an eviction order. The High Court observed the petitioner had no legal right to the property, stated respondents had authority to evict unlawfully occupying persons, and dismissed the petition on preliminary hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:13134 WP No. 103178 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 103178 OF 2018 (GM-RES)
BETWEEN:
MAHABALESHWAR S/O. BALINDRA GOUDA AGE: 50 YEARS, OCC: BUSINESS, R/O. KUJANIBAIL GOKARNA, TQ: KUMTA, DIST: UTTARA KANNADA.
…PETITIONER
(BY SRI DINESH M. KULKARNI, ADVOCATE)
AND:
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
- 2 - NC: 2023:KHC-D:13134 WP No. 103178 of 2018
REGISTERED OFFICE AT PUNJ LLOYD HOUSE 17-18, NEHRU PLACE, NEW-DELHI-110 019, BRANCH OFFICE AT GOKARNA-581 326, UTTAR KANNADA DISTRICT, REPRESENTED BY ITS DIRECTOR & CEO.
…RESPONDENTS
(BY SRI PRAVEEN K. UPPAR, AGA FOR R1 & R2; SRI HARSH DESAI, ADVOCATE FOR R3; SRI VISHNU BHAT, ADVOCATE FOR R4;)
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 TO QUASH THE IMPUGNED ORDER ANNEXURE-J BEARING NO.BHUMI/CR28/2015-16 DATED 01.08.2017 PASSED BY THE 2ND RESPONDENT AS NULL AND VOID.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The case of the petitioner is that he is an unauthorized occupant of one gunta of land in Sy. No.1300 of Gokarna Village since 40 years and that passing of the impugned order at Annexure – J to the writ petition by respondent No.2, has the effect of evicting him from the property concerned. Aggrieved by the same, the present writ petition is filed.
For the aforementioned reasons, the writ petition is hereby dismissed.
Sd/JUDGE
RSH / Ct-mck List No.: 1 Sl No.: 52
1 issue framed by the court
Whether the writ petition challenging the eviction of an unauthorized government land occupant should be allowed or dismissed.
Mahabaleshwar
The State of Karnataka Department of Forest
The Port Officer, Honnavar
New World Hospitality Private Limited
Sri Ravi Rama Gouda
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
