Disposed

Yallappa Ramappa Sonnad v. the Land Tribunal

Karnataka HC9 Jan 2024WP/107954/2016

Case brief

AI extract

What is this about?

The Writ Court disposed of a petition seeking rectification of a Land Tribunal order for grant of occupancy rights. The Court held the writ petition not maintainable regarding deemed rejection but reserved liberty for proper legal challenge, keeping all contentions open.

What did the court decide?

Petition dismissed on maintainability grounds; liberty reserved to challenge deemed rejection in proper legal proceedings. Other contentions kept open.

Yallappa Ramappa Sonnad Vs the Land Tribunal — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC-D:535 WP No. 107954 of 2016

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 107954 OF 2016 (LR-)

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BETWEEN:

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YALLAPPA RAMAPPA SONNAD AGE: 85 YEARS, OCC: AGRICULTURE, R/O: MANNIKERI, TQ: BILAGI, DIST: BAGALKOT REPRESENTED BY HIS SON and PA HOLDER PANDAPPA S/O YALLAPPA SONNAD, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: KATARKI and MANNIKERI, TQ: BILAGI, DIST: BAGALKOT.

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…PETITIONER

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(BY SRI. V M SHEELVANT, ADVOCATE)

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AND:

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THE LAND TRIBUNAL, BILAGI, BILAGI TALUKA, BY ITS SECRETARY

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Digitally signed by JAGADISH JAGADISHT R T R Date: 2024.01.24 12:03:25 +0530

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HASANAPPA GADIGEPPA MADENNUR AGE: 45 YEARS, OCC: AGRICULTURE, R/O: HONNIHAL, TQ: BILAGI.

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…RESPONDENTS

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(BY SRI.MAHANTESH SHETTAR, AGA FOR R1;

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SRI. NAVEEN CHATRAD, ADVOCATE FOR SRI. MAJHESH WADEYAR, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA, PRAYING TO I) DIRECT THE LAND TRIBUNAL TO RECTIFY THE MISTAKE BY ADDING THE LAND SY.NO.27 MEASURING 4 ACRES OF MANNIKERI VILLAGE TA:BILAGI IN THE OPERATIVE PORTION OF THE ORDER DATED:15.03.1979 AT ANNEXURE-B.

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

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NC: 2024:KHC-D:535 WP No. 107954 of 2016

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ORDER

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The petitioner had filed form No.7 for grant of occupancy right in respect of land bearing RS. No.226 measuring 4 acres and RS. No.27 measuring 4 acre both situated at Mannikeri village Bilagiri Taluk. The Land Tribunal after recording the statement of the petitioner by order dated 07.08.1976 granted occupancy rights to the petitioner in respect of RS No.27. Though the order was passed on 07.08.1976 the present petition is filed in the year 2016 for a direction to the Tribunal to rectify the mistake by including land No.27 in the operative portion of the order. Though no specific order is passed either granting or rejecting the request of the petitioner for grant of occupancy right in respect RS.No.27, it is deemed to have been rejected. Therefore, the petitioner instead of challenging the deem rejection has filed this writ petition and the same is not maintainable. The petition stands disposed off reserving liberty to the petitioner to challenge the rejection of the form No.7 so far as it relates to RS.27 in accordance with law.

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All contentions including the question of delay is kept open.

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Sd/JUDGE

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SSP CT: ANB List No.: 2 Sl No.: 44

Yallappa Ramappa Sonnad v. the Land Tribunal

Case brief

What is this about?

What did the court decide?

Yallappa Ramappa Sonnad v. the Land Tribunal

Case brief

What is this about?

What did the court decide?

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