Petitioners challenged proceedings declaring them holders of excess vacant land of 33 guntas in Sy. No. 88/15, Kangrali B.K., Belagavi. Following a Co-ordinate Bench decision, the Court declared that the excess land proceedings stood abated and disposed of the writ petition.
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NC: 2024:KHC-D:14851 WP No. 104230 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF OCTOBER, 2024 BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104230 OF 2024 (KLR-RES)
BETWEEN:
SMT. KALLUBAI W/O. LATE KALLAPPA HUDDAR URF BASARIKATTI, SINCE DECEASED BY HER LR’S.
CHALOBA S/O. KALLAPPA HUDDAR URF BASARIKATTI, SINCE DECEASED BY HIS LR’S.
YASHAVANT NARAYANKAR
Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka Dharwad Date: 2024.10.07 10:14:03 +0530
NC: 2024:KHC-D:14851 WP No. 104230 of 2024
AGE: 31 YEARS, OCC: AGRICULTURE, R/O. #464, VITHAL GALLI, SHASTRI NAGAR, KANGRALI B.K.-590010, BELAGAVI, TQ: AND DIST: BELAGAVI.
(BY SRI. PRUTHVI K.S., ADVOCATE)
AND:
(BY SRI. V.S. KALASURMATH, HCGP FOR R1-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ENTIRE PROCEEDINGS INITIATED BY SPL. DEPUTY COMMISSIONER, BELAGAVI DECLARING THAT THE PETITIONERS ARE HOLDING THE EXCESS VACANT LAND TO AN EXTENT OF LAND BEARING SVY NO.88/15 MEASURING TO AN EXTENT OF 33 GUNTAS SITUATED AT KANGRALI.B.K., VILLAGE, BELAGAVI, TALUK AND DIST: BELAGAVI STANDS ABATED; DIRECT THE RESPONDENT NO.2 TO 4 TO DELETE THE NAME OF THE GOVERNMENT IN THE REVENUE RECORDS IN RESPECT OF LAND BEARING SVY NO.88/15 MEASURING TO AN EXTENT OF 33 GUNTAS SITUATED AT KANGRALI.B.K., VILLAGE, TALUK AND DIST: BELAGAVI AND FURTHER RESTORE THE NAME OF THE PETITIONERS IN THE OWNER’S AND POSSESSION COLUMN AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
Learned counsel appearing for the petitioner and the
learned HCGP for the respondent would in unison submit that the issue in the lis stands answered by a judgment rendered by the Co-ordinate bench of this Court in W.P. No. 107862/2023 dated 03.01.2024. The co-ordinate bench has held as follows:
“29. This Court in W.P. No. 103654/2017 disposed of on 09.04.2021, W.P. No. 61621/2009 disposed of on 04.09.2019, W.P. No. 108986/2017 disposed of on 16.09.2021, W.P. No. 100495/2015 c/w W.P. No. 102484/2015, disposed of on 05.10.2021, and W.P. No. 63674/20911 disposed of on 02.11.2011, has held that the proceedings stands abated since lawful possession of the land which has been declared as excess land has not been taken by the competent authority as declared by Section 10(6) of the 1976 Act. The State Government has implemented the similar orders passed by this Court in various writ petitions. Following the same, this Court is also of the opinion that the impugned proceedings bearing No. ULC. D/SR 2976 dated 10.09.1985 and bearing No. ULC/M.9-85-86 dated 24.09.1985 declaring
NC: 2024:KHC-D:14851 WP No. 104230 of 2024
that the petitioners are holding excess land to an extent of 1 acre 8 guntas stands abated.”
For the reasons so rendered by the Co-ordinate
bench supra, the subject petition also deserves to succeed. Therefore, the following:
ORDER
(i) Writ petition is disposed off;
(ii) It is declared that the proceedings initiated by
the Special Deputy Commissioner, Belagavi declaring that the declarant is holding excess land to an extent of 33 guntas in land bearing
Sy. No. 88/15 of Kangrali B.K. Village, Taluk and District Belagavi, stands abated.
Sd/(M.NAGAPRASANNA) JUDGE
BVV CT-MCK List No.: 2 Sl No.: 1
1 issue framed by the court
Whether proceedings declaring the petitioners as holding excess vacant land under the 1976 Act stand abated for want of taking lawful possession.
Colour shows how this judgement treated each authority
W.P. No. 107862/2023 dated 03.01.2024Followed
2 provisions across 2 enactments
SMT. KALLUBAI W/O. LATE KALLAPPA HUDDAR URF BASARIKATTI, SINCE DECEASED BY HER LR'S
CHALOBA S/O. KALLAPPA HUDDAR URF BASARIKATTI, SINCE DECEASED BY HIS LR'S
THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT
THE DEPUTY COMMISSIONER, BELAGAVI
THE TAHASILDAR, BELAGAVI
THE ASSISTANT COMMISSIONER, BELAGAVI
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
