Allowed

Omkargouda S/O Gadigeppagouda Patil v. the State of Karnataka

Karnataka HC13 Jun 2024WP/101824/2024

Case brief

AI extract

What is this about?

The High Court allowed the writ petition filed by allottee-homeowners against inaction by the Assistant Commissioner in deciding their representations for a refund of excess compensation collected on land allocated by a State Society Court directed the authority to examine documents within four weeks.

What did the court decide?

Directed Respondent No.4 to examine representations within four weeks and refund excess amount if found.

Omkargouda S/O Gadigeppagouda Patil Vs the State of… — Specific Performance | Karnataka HC (2024)

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- 1 - NC: 2024:KHC-D:7920 WP No. 101824 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13^TH DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.101824 OF 2024 (GM-RES)

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BETWEEN:

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OMKARGOUDA S/O. GADIGEPPAGOUDA PATIL, AGE: 72 YEARS, OCC: NIL, R/O MIG-473, NAVANAGAR, HUBBALLI -25, DISTRICT: DHARWAD.

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PRAMOD M. NADIGER, AGE: 52 YEARS, R/O.C/O. M.K. NADIGER, MIG-308, 16^TH CROSS, NAVANAGAR, HUBBALLI -25, DISTRICT: DHARWAD, REP. BY GPA HOLDER SRI. M.K. NADIGER.

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BHIMAPPA S/O. SHIVAPPA VARUR, AGE: 53 YEARS, R/O.C/O. M.K. NADIGER, MIG-308, 16^TH CROSS, NAVANAGAR, HUBBALLI -25, DISTRICT: DHARWAD,

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YASHAVANT NARAYANKAR

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Digitally signed byYASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.06.15 12:10:38 +0530

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SMT. SHANKUNTALA R. KADAM, AGE: 50 YEARS , R/O. M.R. NAGAR, 2^ND CROSS, HUBBALL, DHARWAD-06.

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ASHOK S/O. YALLAPPA SAVANUR, AGE: 49 YEARS , R/O. PLOT NO.54, ASHWAMEDA NAGAR, OPP. TO INCOME TAX OFFICE, NAVANAGAR, HUBBALLI -25, DISTRICT: DHARWAD.

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- 2 - NC: 2024:KHC-D:7920 WP No. 101824 of 2024

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SHIVAYOGAYYA S/O. PUTTAYYA KATGIHALLIMATH, AGE: 45 YEARS, R/O. PLOT NO.186, PNCHAKSHARI NAGAR, 3^RD PHASE, OPP. TO SUTTAGATTI, NILGUND LAYOUT, NAVANAGAR, HUBBALLI -25,

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DISTRICT: DHARWAD.

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SHIVAYOGI D. NADUVINMANI, AGE: 39 YEARS, R/O. SHIVAPETE, 7^TH CROSS, MUNIREDDY BUILDING, RON, DISTRICT: GADAG.

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SMT. SHAILAJA W/O. SHIVAYOGI NADVINMANI, AGE: 38 YEARS, R/O. SHIVAPETE, 7^TH CROSS, MUNIREDDY BUILDING, RON, DISTRICT: GADAG.

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VIJAYKUMAR

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S/O. SHANTAPPA AMBANNAVAR, AGE: 44 YEARS, R/O.C/O. M.K. NADIGER, MIG-308, 16^TH CROSS, NAVANAGAR, HUBBALLI -25, DISTRICT: DHARWAD.

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KIRAN

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S/O. VISHWANATH KATHARE, AGE: 45 YEARS, R/O. H.NO. LIG 466, 13^TH CROSS, NAVANAGAR, HUBBALLI -25, DIST: DHARWAD.

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SMT. SHANTHBAI W/O. SHANKAR NAVALGUND, AGE: 42 YEARS, R/O.C/O. M.K. NADIGER,

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- 3 - NC: 2024:KHC-D:7920 WP No. 101824 of 2024

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MIG-308, 16^TH CROSS, NAVANAGAR, HUBBALLI -25, DISTRICT: DHARWAD,

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12. KRISHNAJI

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S/O. SRIPHDRAO JOSHI, AGE: 40 YEARS, R/O KULAKARNI COMPOUND, TABIB LAND, HUBBALLI -20, DIST: DHARWAD.

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13. PRABHAKAR

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S/O. GOVINDRAO DESHPANDE, AGE: 40 YEARS, R/O. H.NO. MIG 451, 15^TH CROSS, NAVANAGAR, HUBBALLI -25, DIST: DHARWAD.

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SMT. MEERA

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W/O. MURALIDHAR KARI, AGE: 40 YEARS, R/O. H.NO. MIG 36, 2^ND MAIN ROAD, NAVANAGAR, HUBBALLI -25, DIST: DHARWAD.

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15. DATTATREYA

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S/O. MARTHADBHAT JOSHI, AGE: 42 YEARS, R/O. PLOT NO.4, ASHWAMEDA PARK, AMARGOL, HUBBALLI -21, DIST: DHARWAD.

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16. CHIDAMBAR

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S/O. SRINIVAS NAYAK, AGE: 37 YEARS, R/O. PLOT NO.53-B-2, PRALHAD NILAYA, YALAKKISHETTAR COLONY, DHARWAD-04.

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SIDDANGOUDA S/O. FAKIRGOUDA DANAPPAGOUDA,

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4 - NC: 2024:KHC-D:7920 WP No. 101824 of 2024

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AGE: 37 YEARS, R/O. PLOT NO.182, PNCHAKSHARI NAGAR, 3^RD PHASE , OPP. SUTAGATTI NILHUND LAYOUT, NAVANAGAR, HUBBALLI -25, DIST: DHARWAD.

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ARUN D. JOSHI, AGE: MAJOR, R/O. H. NO.28, OPP. TO SAI TEMPLE, SHANTH NAGAR, NAVANAGAR, HUBBALLI -25, DIST: DHARWAD.

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SADANAND D. JOSHI, AGE: MAJOR, R/O. PLOT NO. 223, OPP. TO SAI TEMPLE, SHANTH NAGAR, NAVANAGAR, HUBBALLI -25, DIST: DHARWAD.

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ARUN R. JHADAV, AGE: MAJOR, R/O. C/O. P.R. JADHAV, EWS 300, 8^TH MAIN ROAD, NAVANAGAR, HUBBALLI -25, DIST: DHARWAD.

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SMT. VIJAYALAKSHMI M. HIREMATH, AGE: MAJOR, R/O.C/O. N.R. HIREMATH, MIG 205/1 , 4^TH MAIN ROAD, NAVANAGAR, HUBBALLI -25, DIST: DHARWAD.

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SMT. SHARADA D. SHURPALI, AGE: MAJOR, R/O. 2^ND PHASE, BASAVATH NAGAR, YALAHISHATTER COLONY, DHARWAD, DIST: DHARWAD.

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SMT. PRABHAVTHI Y. SAVANUR, AGE: MAJOR,

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5 - NC: 2024:KHC-D:7920 WP No. 101824 of 2024

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R/O. H.NO.231, 4^TH CROSS, SHIVANADA NAGAR, NAVANAGAR, HUBBALLI -25, DIST: DHARWAD.

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MAHANTHESH I. KORISHETTY, AGE: MAJOR, NAVANAGAR, HUBBALLI -25, DIST: DHARWAD.

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SMT. ANITA Y. NIKKAM, AGE: MAJOR, R/O. OM NILAYA, 8^TH CROSS, SAPTHAPUR, HALIYAL ROAD, DHARWAD, DIST: DHARWAD.

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PRAMOD M. NADIGER, AGE: MAJOR, R/O. C/O. M.K. NADIGER, MIG 308, 16^TH CROSS, NAVANAGAR, HUBBALLI -25, DIST: DHARWAD. REP. BY GPA HOLDER SRI M.K. NADIGER.

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SMT. SUDHA P. BARIGAL, AGE: MAJOR, H.NO.EWS 722, 1^ST CROSS, KARNATAK CIRCLE, NAVANAGAR, HUBBALLI-25.

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SHIVANAND B. KULKARNI, AGE: MAJOR, PRAJA NAGAR, KHB COLONY, NAVANAGAR, HUBBALLI-580025.

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SMT. ASHVINI M. MANDARGI, AGE : MAJOR H.NO.6021, VITTAL MANDIR, VITTOBH GALLI, DURGADBAIL, HUBBALLI-20.

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6 - NC: 2024:KHC-D:7920 WP No. 101824 of 2024

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TIPPANNA I. SHEELVANT, AGE: MAJOR, NEAR KAMANAKATTI, DHARWAD-580001.

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…PETITIONERS

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(BY SRI. RAJASHEKAR GUNJALLI, ADVOCATE)

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AND:

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

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THE REGIONAL COMMISSIONER, BELAGAVI REVENUE DIVISION, BELAGAVI-590001.

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THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-580001.

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THE ASSISTANT COMMISSIONER, DAHARWAD SUB-DIVISION, DHARWAD-580001.

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THE TAHASIDAR, HUBBALLI TALUKA, HUBBALLI-580020.

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…RESPONDENTS

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(BY SRI. V.S. KALASURMATH, HCGP)

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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 4^TH RESPONDENT TO CONSIDER THE REPRESENTATION DATED 08-08-2023 VIDE ANNEXURE-A, A1 TO A29 AND TO RE-PAY THE AMOUNT OF PETITIONERS WITH INTEREST WHICH THEY ARE LEGALLY ENTITLE.

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NC: 2024:KHC-D:7920 WP No. 101824 of 2024

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

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ORDER

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The petitioners are the owners of the plots in the

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land formed by the State Government Employees Co-operative Housing Society Limited.

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The petitioners contend that they have paid the entire sale consideration as demanded by the Society. The respondents, on receipt of sale consideration, executed lease-cum-sale deed in favour of the petitioners.

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The lease-cum-Sale Deed contains a condition

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that in the event land owners approach the higher Court seeking enhancement of compensation, the allottees have to bear the additional cost in the event there is an enhancement of compensation. The petitioners’ grievance before this Court is that the respondents under the garb of enhanced compensation have collected excess amount from each allottees. Therefore representations are submitted on 08.08.2023 as per Annexure-A, A.1 to A.29.

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8 - NC: 2024:KHC-D:7920 WP No. 101824 of 2024

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In these representations, the petitioners have requested the respondents to consider the representations and refund excess amount collected from each of the allottees. The petitioners’ grievance is that there is complete inaction on the part of respondent No.4 in not deciding the representations submitted by the petitioners. Feeling aggrieved by inaction on the part of respondent No.4, this captioned writ petition is filed.

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On examining the representations submitted by

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the petitioners, it is clearly evident that the petitioners have furnished all the details and have made out a case seeking refund. If respondents have collected excess amount, the petitioners have a legal right to seek refund. Therefore, it was incumbent on the part of respondent No.4 to secure records and examine petitioners’ representation. Since there is complete laxness and inaction on the part of respondent No.4, this Court is compelled to issue mandamus to respondent No.4. Though this Court deems it fit to impose exemplary cost

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NC: 2024:KHC-D:7920 WP No. 101824 of 2024

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on respondent No.4, the learned HCGP has assured this Court that these representations will be considered by respondent No.4 and pass appropriate orders.

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Accepting the assurance given by the learned

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HCGP, this Court proceeds to pass the following;

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ORDER

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(i) The writ petition is allowed.

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(ii) Respondent No.4 – Assistant Commissioner is hereby directed to examine the representations submitted by the petitioners as per Annexure-A, A.1 to A.29 and in the event, if any further information is required, it is open for respondent No.4 to secure further information from the petitioners.

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(iii) The representations of the petitioners shall be considered within a period of four weeks from the date of receipt of order copy.

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NC: 2024:KHC-D:7920 WP No. 101824 of 2024

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10 -

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(iv) Pending applications, if any, are also

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disposed off.

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Sd/JUDGE

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List No.: 1 Sl No.: 8

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NBM

Omkargouda S/O Gadigeppagouda Patil v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Omkargouda S/O Gadigeppagouda Patil v. the State of Karnataka

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

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