Dismissed

Kalpataru Vividhoddesha v. Zilla Panchayat Uttara Kannada

Karnataka HC22 Nov 2023WP/103766/2015

Case brief

AI extract

What is this about?

In a writ petition challenging an official memorandum and eviction notice, the Karnataka High Court dismissed the plea, holding that a society without ownership or lease rights cannot contest eviction and no relief could be granted.

What did the court decide?

The writ petition is dismissed. No relief as the petitioner is neither the owner nor lessee of the premises.

Kalpataru Vividhoddesha Vs Zilla Panchayat… — Municipal and Town Planning | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:13621 WP No. 103766 of 2015

¶3

IN THE HIGH COURT OF KARNATAKA

¶4

DHARWAD BENCH

¶5

DATED THIS THE 22^ND DAY OF NOVEMBER, 2023

¶6

BEFORE

¶7

THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 103766 OF 2015 (LB-RES)

¶8

BETWEEN:

¶9

KALPATARU VIVIDHODDESHA SAHAKARI SANGHA NIYAMITA, HEGGAR, TAL: ANKOLA, UTTARA KANANDA DISTRICT, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

¶10

…PETITIONER

¶11

(BY SRI A.P. HEGDE JANMANE & SRI VIJAY M. MALALI, ADVOCATES)

¶12

GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI

¶13

AND:

¶14

ZILLA PANCHAYAT UTTARA KANNADA, KARWAR, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

¶15

GRAM PANCHAYAT DONGRI, KALLESHWAR, TQ: ANKOLA, UTTARA KANNADA DISTRICT, REPRESENTED BY ITS PRESIDENT.

¶16

2 - NC: 2023:KHC-D:13621 WP No. 103766 of 2015

¶17

PANCHAYAT DEVELOPMENT OFFICER, DONGRI GRAM PANCHAYAT, TQ: ANKOLA, U.K. DIST.

¶18

VYVASAYA SEVA SAHAKARI SANGHA, HEGGAR, TQ. ANKOLA, U.K. DISTRICT, REPRESENTED BY ITS CHEIF EXECUTIVE OFFICER.

¶19

…RESPONDENTS

¶20

(BY SRI VISHWANATH R. HEGDE, ADV. FOR R1 & R4; SRI RAJASHEKHAR BURJI, ADV. FOR R3; SRI VINAYKUMAR BHAT, ADV. FOR R4; NOTICE TO R2 IS SERVED)

¶21

¶22

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, QUASH THE IMPUGNED OFFICIAL MEMORANDUM AT KRA.SA.JI.PAM.AA/LOKO/ RANIS/CR/14-15 DATED 16.03.2015 PASSED BY RESPONDENT NO.1 AT ANNEXURE-E AND CONSEQUENT NOTICE ISSUED BY RESPONDENT NO.3 DATED 24.03.2015 AT JA.NO.KRA.GRA.PAM.DONGRI:14-15/214 ANNEXUREF; DIRECT RESPONDENT NO.1 AND 3 NOT TO DISTURB THE ACTIVITIES OF PETITIONER SOCIETY IN BUILDING NO.159 OF DONGRI GRAM PANCHAYAT OF ANKOLA TALUK.

¶23

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

¶24

3 - NC: 2023:KHC-D:13621 WP No. 103766 of 2015

¶25

ORDER

¶26

The petitioner is a Society running a fair price shop. It is submitted, previously they are running the said fair price shop in building No.159 in Dongri Gram Panchayat, Ankola Taluka.

¶27

Admittedly, petitioner is not the owner of the property and no lease deed has been executed in respect of the said premises. The respondents sought to have the petitioner evicted from the said premises. Aggrieved by the same, the present writ petition is filed.

¶28

As the petitioner Society is not the owner of the property concerned, nor the lessee, it cannot contend that it should not be evicted from the property and no relief can be granted to it.

¶29

For the aforementioned reasons, the writ petition is hereby dismissed. However, it is made clear that, if the petitioner is in occupation of the property concerned, the respondents shall have them evicted only by following the due process of law.

¶30

gab/Ct-mck List No.: 1 Sl No.: 36

¶31

Sd/JUDGE

Kalpataru Vividhoddesha v. Zilla Panchayat Uttara Kannada

Case brief

What is this about?

What did the court decide?

Kalpataru Vividhoddesha v. Zilla Panchayat Uttara Kannada

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

Coram

Case details

Similar cases

Neelappa S/O Siddappa Hadapad Vs the State of Karnataka

Smt. Neelabai W/O Late Hanamant Sherakhane Vs the State of Karnataka

Sri Basavaraj Prabhu Yaragudari Vs the State of Karnataka

Daneshwari Road Lines (R) Vs the Managing Director

Smt.Rajini @ Anuradha W/O Ganesh Kulkarni Vs the State of Karnataka

Jabarchand S/O. Jawanmal Jain Vs Godavari W/O. Gubdu Chougale