Writ appeal against a Single Judge's order setting aside the Deputy Commissioner's rejection of a resumption claim and remanding the matter afresh. The Division Bench declined interference with the remand, directing the Deputy Commissioner to decide independently on merits within six months; contentions kept open.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT APPEAL NO. 226 OF 2024 (SC-ST)
BETWEEN:
SMT. LATE VENKATAMMA W/O LATE CHIKKAMUNISHAMI (DEAD, BY LRS 1 TO 6)
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
- 2 - NC: 2024:KHC:11642-DB WA No. 226 of 2024
ALL ARE R/AT NO.85, MANCHAPPANA HOSALLI, JALA HOBLI, BANGALORE NORTH TALUK - 560 063.
NOTE: SMT. LALITHA D/O LATE CHIKKAMUNISHAMI, MAJOR (DEAD NO SURVIVING HEIRS RESPONDENT NO.8 IN THE WRIT PETITION)
…APPELLANTS
(BY SRI. ARVIND M., ADVOCATE FOR SRI. MOHANKUMARA D., ADVOCATE)
AND:
…RESPONDENTS
(BY SMT.NILOUFER AKBAR.,AGA FOR R1 TO R3)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 25/11/2020 IN W.P.NO.49962/2012 (SC/ST) MAY PLEASE BE ALLOWED.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
Heard learned advocate Mr.Arvind M, for learned advocate Mr.Mohankumara D, for the appellants and learned Additional Government Advocate Ms.Niloufer Akbar, for the respondent-State and its authorities.
dated 29.03.2012 set-aside the order of the Assistant Commissioner and rejected the claim of the original grantee seeking resumption of the land. It is this order which was brought under challenge in the writ petition by the original petitionerappellants herein.
3.1 Learned Single Judge after making certain observations in paragraph 9 in particular, disposed of the writ petition by setting aside the order of the Deputy Commissioner dated 29.03.2012. Learned Single Judge further directed the remand of the case to the Deputy Commissioner to consider the matter afresh, in accordance with law and pass appropriate orders.
NC: 2024:KHC:11642-DB WA No. 226 of 2024
that the time bound schedule may be fixed for the Deputy Commissioner to dispose of the proceedings.
entertained subject to the above observations.
Sd/CHIEF JUSTICE
Sd/-
JUDGE
cbc List No.: 1 Sl No.: 17
1 issue framed by the court
Whether the Single Judge's remand of the Deputy Commissioner's order on resumption of granted land required interference in writ appeal?
Smt. Late Venkatamma (dead, by LRs 1 to 6)
Smt. Rathnamma
Sri. Rajanna (dead by LRs)
Smt. Nalini Kumari
Sri. Nagendra Kumar
Smt. Chandrakala
N. V. Anjaria
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
