Petitioner challenged the Taluk Panchayat order recalling a Gram Panchayat resolution that mutated his name over property based on claimed possession. Since his injunction suit was dismissed and confirmed on appeal, the court dismissed the writ petition.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.113664 OF 2020 (LB-RES)
BETWEEN:
MALLAPPA S/O. DODDAPPA BISHTAKKANAVAR, AGED ABOUT 67 YEARS, OCC: AGRICULTURE, R/O: HOMBARDI,
TQ: & DIST: HAVERI-581110.
…PETITIONER
(BY SRI. S.G. KADADAKATTI, ADVOCATE)
AND:
YASHAVANT NARAYANKAR
Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 22.09.2012 PASSED BY THE 5TH RESPONDENT PRESIDENT, TALUK PANCHAYAT, HAVERI IN CASE NO. TAPAM:HAA/A.NYA/CASE NO.12/2012-13 VIDE ANNEXURE-J, BY SETTING RESOLUTION DATED 24.11.2011 PASSED BY THE 3RD & 4TH RESPONDENT GRAM PANCHAYAT, HOMBARADI IN MEETING NO.4 VIDE ANNEXURE-D DATED 05-07-2012.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed by the petitioner assailing the order passed by respondent No.5 as per Annexure-J, who has set-aside the resolution dated 24.11.2011 passed by respondent No.4-Gram Panchayat held in meeting No.4 vide Annexure-D.
The petitioner contends that he is in possession and occupation of VPC No.41 situated at Hombardi village, Tq and Dist:Haveri comprising of residential house, cattle shed and open backyard. The petitioner further contends that respondent No.4-Gram Panchayath acknowledging petitioner’s possession and enjoyment over the petition property, mutated his name in
the property extract by way of resolution dated 23.08.1985. Respondent Nos.1 and 2 feeling aggrieved by the deletion of their names before the Mandal Panchayat, Kurubagond approached local authorities. The Mandal Panchayat, Kurubagond resolved to enter the name of respondent Nos.1 and 2 and thereby deleted the name of petitioner by resolution dated 13.11.1990.
recalled the earlier resolution and in the light of dismissal of suit filed by petitioner, no indulgence can be granted.
Writ petition being devoid of merits stands dismissed.
Sd/JUDGE
AM List No.: 1 Sl No.: 5
1 issue framed by the court
Whether the Taluk Panchayat's order setting aside the Gram Panchayat resolution mutating the petitioner's name could be quashed given civil courts found the petitioner not in possession.
1 provisions across 1 enactments
Mallappa S/o Doddappa Bishtakkanavar
Smt. Iravva @ Annapurnavva, W/o Shivappa Lingadahalli
Yashavant Narayankar
Smt. Saroja W/o Basavaraj @ Basappa Chikkanandi
The President Gram Panchayat, Hombardi
The Panchayat Development Officer, Gram Panchayat, Hombardi
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
