Disposed

Sri N S Maligappa v. the State of Karnataka

Karnataka HC30 Oct 2023WP/25956/2010

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition. The petitioner alleged non-consideration of representations regarding encroachment removal of land granted to his father under the freedom movement. The court directed a final decision within three months.

What did the court decide?

The State Government was directed to take a decision on the petitioner's proposal within three months from the date of receipt of this order.

Sri N S Maligappa Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

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1 - NC: 2023:KHC:38470 WP No. 25956 of 2010

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.25956 OF 2010 (KLR)

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BETWEEN:

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SRI. N.S. MALIGAPPA S/O LATE N.D.SUBBANNA, AGED ABUT 80 YEARS R/A NO.1148, 1ST CROSS, SRIRAMPUR EXTENSION, MYSURU - 570 023.

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…PETITIONER

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(BY SRI. PRUTHVI WODEYAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY.

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Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka

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THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001,

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THE DEPUTY COMMISSIONER, KODAGU DISTRICT, MADIKERI.

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THE THASILDAR, VIRAJKPET TALUK, VIRAJPET.

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NC: 2023:KHC:38470 WP No. 25956 of 2010

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M.B. CHANGAPPA S/O SRI MALLANGADA BOPAIYYA AGED ABOUT 60 YEARS

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M.C. MEERA W/O MALLANGADA CHANGAPPA AGED ABOUT 55 YEARS

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BOTH RESPONDENT NOS. 5 AND 6 ARE R/AT NOKYA SIDDAPURA VILLAGE, NOKYA SIDDAPURA POST, VIRAJPET TALUK, KODAGU DISRICT.

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THE AKKRAMA SAKKRAMA COMMITTEE TALUK OFFICE, VIRAJPET TALUK KODAGU DISTRICT. REPRESENTED BY ITS PRESIDENT.

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SULAIMAN S/O LATE ABU AGED ABOUT 43 YEARS

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SAIDALAVI S/O SAIDALI AGED ABOUT 38 YEARS

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MOHIDDIN S/O POKKER AGED ABOUT 55 YEARS

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KRISHNA M.K. S/O KANNAN M.K. AGED ABOUT 61 YEARS

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PATHUMA K. W/O K. ALI AGED ABOUT 40 YEARS

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3 - NC: 2023:KHC:38470 WP No. 25956 of 2010

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VANAJA W/O M. MANI AGED ABOUT 68 YEARS

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KRISHNA P.P. S/O POKKA AGED ABOUT 57 YEARS

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PADMAVATHI P.R. W/O ASHOK KUMAR K. AGED ABOUT 29 YEARS

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RAMU P.P. S/O POKKA AGED ABOUT 69 YEARS

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N. ABDUL SHANID S/O N. BAPU AGED ABOUT 21 YEARS

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N. SYED MOHAMMED S/O NOOR MOHAMMED AGED ABOUT 84 YEARS

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ABDUL KARIM S/O KARIM AGED ABOUT 44 YEARS

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DHANYA KUMARI W/O VASU AGED ABOUT 38 YEARS

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SOUWJATH W/O ALLAUDDIN AGED ABOUT 37 YEARS

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K.M. IBRAHIM S/O MOHAMMED K. AGED ABOUT 33 YEARS

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NC: 2023:KHC:38470 WP No. 25956 of 2010

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23. MUSTAFA K. S/O AMMEED K. AGED ABOUT 33 YEARS

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ALAVI AMEED S/O ALAVI AGED ABOUT 53 YEARS

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KAMALA W/O NARAYAN AGED ABOUT 74 YEARS

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MOHAMMED S/O KUNNAIJU AGED ABOUT 82 YEARS

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IBRAHIM

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S/O MOHAMMED AGED ABOUT 34 YEARS

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RAJAN S/O BALAN AGED ABOUT 43 YEARS

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ASHRAF

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S/O LATE KUNGHU AGED ABOUT 35 YEARS

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YOUSOUF M.B. S/O ABU AGED ABOUT 54 YEARS

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HAMSA P.S. S/O SYED ALI AGED ABOUT 71 YEARS

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PONNAMMA K.R. W/O RAMU KUTTI AGED ABOUT 72 YEARS

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NC: 2023:KHC:38470 WP No. 25956 of 2010

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33. ABDULLA S/O MOHAMMED

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AGED ABOUT 48 YEARS

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FEROZ M.K. S/O KHADER AGED ABOUT 25 YEARS

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KHADER S/O LATE MOHAMMED AGED ABOUT 52 YEARS

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USAMAN M.A. S/O M.B. ABU AGED ABOUT 34 YEARS

37. ANIFA

S/O ALAVI

AGED ABOUT 47 YEARS

KHADEEJA W/O ABDULLA AGED ABOUT 63 YEARS

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39. AYISHA

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D/O MOHIDDIN AGED ABOUT 43 YEARS

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40. RIYAAZ S/O LITHFAR

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AGED ABOUT 31 YEARS

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K. MOHAMMED S/O K. KUNHI AGED ABOUT 67 YEARS

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PUSHPA K. W/O RAJAN

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AGED ABOUT 67 YEARS

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6 - NC: 2023:KHC:38470 WP No. 25956 of 2010

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43. VENKAMMA W/O UGAPPA AGED ABOUT 83 YEARS

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KUNCHI AMAD P. S/O MOIDDU KUTTI AGED ABOUT 62 YEARS

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VASU T.K. S/O KANNAN M.K. AGED ABOUT 46 YEARS

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FATHIMA W/O MOHAMMED AGED ABOUT 72 YEARS

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M.B. NABEESA W/O BEERAN AGED ABOUT 61 YEARS

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48. KHADER

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S/O MOIDU N. AGED ABOUT 36 YEARS

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49. VIMALA

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W/O CHANDA AGED ABOUT 43 YEARS

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P.K.HASAN S/O UMAR AGED ABOUT 70 YEARS

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PARVATHI S/O VISHWANATHA AGED ABOUT 50 YEARS

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RESPONDENT NOS. 7 TO 51 ARE R/O SY.NO.44, MEASURING 13 ACRES SY.NO.25/27, MEASURING 6 ACRES 25 GUNTAS SITUATED AT NOKYA VILLAGE

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NC: 2023:KHC:38470 WP No. 25956 of 2010

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THITHIMATHI POST PONNAMPET-NAD SOUTH COORG NOW CAMPING AT BENGALURU.

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…RESPONDENTS

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(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R4; SRI. JOSEPH ANTHONYH, ADVOCATE FOR R5 AND R6;

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SMT. B.P. RUPA, ADVOCATE FOR R9, R14, R16 TO R19, R23 TO R24, R27, R29, R34, R36, R38, R40, R44 TO R46 AND R50;

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SMT. B.V. VIDUYALATHA, ADVOCATE FOR R8, R10 TO R13, R15, R20 TO R22, R25, R26, R28, R30 TO R33, R35, R37, R39, R41, R42, R43, R47, R48, R49 AND R51)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 13.11.1996 AND 07.08.1998 PRODUCED AS ANNEXURES-A & B AND ETC.

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

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ORDER

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1. Heard learned counsel appearing for the parties.

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In this writ petition, the grievance of the petitioner is with regard to non consideration of representations dated 13.11.1996 and 07.08.1998 (Annexures - A and B) by the respondent - authorities.

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8 - NC: 2023:KHC:38470 WP No. 25956 of 2010

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On careful examination of the writ papers, same would indicate that the petitioner is claiming that property bearing Survey No.44 measuring 13 acres and Survey No.25/27 measuring 6.25 acres, situate at Nokya village, Thithimathi Post, Ponnampet, South Coorg, came to be granted in favour of late N.D. Subbanna (father of the petitioner), by order dated 18.01.1969 recognizing the contributions made by him during the freedom movement. With respect to the said land, the petitioner has made representations with competent authority to remove the encroachment and handover possession of the property in question. However, the grievance of the petitioner is that the respondents have not considered the same.

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Perusal of the order sheet would indicate that this Court on 14.03.2023, directed the State Government to take decision on the proposal forwarded by the Deputy Commissioner within six weeks from the said date. In that view of the matter, without expressing any opinion on the merits of the case, the State Government is directed to

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NC: 2023:KHC:38470 WP No. 25956 of 2010

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take decision in the matter within three months from the

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date of receipt of this order.

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Accordingly, the writ petition is disposed of.

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SD/JUDGE

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sac List No.: 1 Sl No.: 1

Sri N S Maligappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri N S Maligappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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