Disposed

Smt. Kallubai W/O Late Kallappa Huddar Urf Basarikatti v. the State of Karnataka

Karnataka HC4 Oct 2024WP/104232/2024

Case brief

AI extract

What is this about?

Petitioners sought abatement of excess land proceedings and restoration of their names in revenue records for Sy.No.88/11, Kangrali B.K., Belagavi. Following a co-ordinate bench judgment, the court declared the Special Deputy Commissioner's proceedings declaring 1 acre 8 guntas as excess land stood abated.

What the court decided

AI extract

Smt. Kallubai W/O Late Kallappa Huddar Urf Basarikatti… — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC-D:14852 WP No. 104232 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4^TH DAY OF OCTOBER, 2024 BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104232 OF 2024 (KLR-RES)

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BETWEEN:

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SMT. KALLUBAI W/O. LATE KALLAPPA HUDDAR URF BASARIKATTI, SINCE DECEASED BY HER LR’S.

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CHALOBA S/O. KALLAPPA HUDDAR URF BASARIKATTI, SINCE DECEASED BY HIS LR’S.

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SMT. LAXMI W/O. LATE CHALOBA HUDDAR URF BASARIKATTI, AGE: 54 YEARS, OCC: AGRICULTURE, R/O. #464, VITHAL GALLI, SHASTRI NAGAR, KANGRALI B.K.-590010, BELAGAVI, TQ: AND DIST: BELAGAVI.

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SMT. PRABHAVATI W/O. ANIL MAJUKAR, AGE: 34 YEARS, OCC: AGRICULTURE, R/O. DEVARWADI, SHINOLI KHURD, CHANDGAD-416507, TQ: CHANDGAD, DIST: KOLHAPUR, STATE: MAHARASHTRA.

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MANJANNA E

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Digitally signed by MANJANNA E Location: High Court of Karnataka Dharwad Date: 2024.10.07 10:17:59 +0530

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SOMANATH S/O. LATE CHALOBA HUDDAR URF BASARIKATTI, AGE: 28 YEARS, OCC: AGRICULTURE, R/O. #464, VITHAL GALLI, SHASTRI NAGAR, KANGRALI B.K.-590010, BELAGAVI, TQ: AND DIST: BELAGAVI.

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SMT. DEEPA W/O. DEEPAK GOUNDAWADKAR, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. #129, MARAGAI GALLI KALLEHOL-591128, BELAGAVI, TQ: AND DIST: BELAGAVI.

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KALLAPPA S/O. LATE CHALOBA HUDDAR URF BASARIKATTI,

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NC: 2024:KHC-D:14852 WP No. 104232 of 2024

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AGE: 31 YEARS, OCC: AGRICULTURE, R/O. #464, VITHAL GALLI, SHASTRI NAGAR, KANGRALI B.K.-590010, BELAGAVI, TQ: AND DIST: BELAGAVI.

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PETITIONERS

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(BY SRI. PRUTHVI K.S., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001.

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THE DEPUTY COMMISSIONER, BELAGAVI-590001, TQ AND DIST: BELAGAVI.

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THE TAHASILDAR, BELAGAVI-590001, TQ AND DIST: BELAGAVI.

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THE ASSISTANT COMMISSIONER, BELAGAVI-590001, TQ AND DIST: BELAGAVI.

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RESPONDENTS

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(BY SRI. V.S. KALASURMATH, HCGP FOR R1-R4)

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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.88/11 MEASURING TO AN EXTENT OF 1 ACRE 8 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.88/11 MEASURING TO AN EXTENT OF 1 ACRE 8 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.

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

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CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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3 - NC: 2024:KHC-D:14852 WP No. 104232 of 2024

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

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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:

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“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

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4 - NC: 2024:KHC-D:14852 WP No. 104232 of 2024

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that the petitioners are holding excess land to an extent of 1 acre 8 guntas stands abated.”

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For the reasons so rendered by the Co-ordinate bench supra, the subject petition also deserves to succeed. Therefore, the following:

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ORDER

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(i) Writ petition is disposed off;

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(ii) It is declared that the proceedings initiated by

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the Special Deputy Commissioner, Belagavi declaring that the declarant is holding excess land to an extent of 1 acre 8 guntas guntas in land bearing Sy. No. 88/11 of Kangrali B.K. Village, Taluk and District Belagavi, stands abated.

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Sd/(M.NAGAPRASANNA) JUDGE

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BVV CT-MCK List No.: 2 Sl No.: 2

Smt. Kallubai W/O Late Kallappa Huddar Urf Basarikatti v. the State of Karnataka

Case brief

What is this about?

What the court decided

Smt. Kallubai W/O Late Kallappa Huddar Urf Basarikatti v. the State of Karnataka

Case brief

What is this about?

What the court decided

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