Disposed

Smt Chikkamma v. State of Karnataka Under Secretary

Karnataka HC1 Jul 2024WP/3046/2022

Case brief

AI extract

What is this about?

Petitioners challenged a work order for school construction and sought compensation for allegedly illegally granted land. Due to pending proceedings before Revenue Authorities and the Karnataka Appellate Tribunal, the Court disposed of the petition by remanding the dispute to those authorities and directing consideration of representations.

What did the court decide?

Writ petition disposed of; reference made to Assistant Commissioner Doddaballapur and Karnataka Appellate Tribunal for adjudication of the dispute.

Smt Chikkamma Vs State of Karnataka Under Secretary — Writ and Judicial Review | Karnataka HC (2024)

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1 - NC: 2024:KHC:24357 WP No. 3046 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 3046 OF 2022 (GM-RES)

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BETWEEN:

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SMT. CHIKKAMMA, W/O LATE CHENNAMAREGOWDA, AGED ABOUT 60 YEARS,

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SRI. BYREGOWDA, S/O LATE SEETHAPPA, AGED ABOUT 65 YEARS,

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SMT. KEMPAMMA, W/O LATE URUTAIAH, AGED ABOUT 68 YEARS,

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Digitally signed by YAMUNA K L Location: High Court of Karnataka

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SL. NO.1 TO 3 R/AT MINNAPURA VILLAGE, JAKKANAHALLI POST, THYAMAGUNDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 123.

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…PETITIONERS

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(BY SRI. CHOKKAREDDY, ADVOCATE)

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AND:

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STATE OF KARNATAKA UNDER SECRETARY REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001.

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2 - NC: 2024:KHC:24357 WP No. 3046 of 2022

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DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, BEERASANDRA, DODDABALLAPUR AND DEVANAHALLI MAIN ROAD, KUNDANA HOBLI, DEVANAHALLI TALUK - 562 110.

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THE ASSISTANT COMMISSIONER, DODDABALLAPUR SUB DIVISION, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT, BANGALORE - 561 203.

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THE TAHSILDAR, NELAMANGALA, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, BANGALORE - 562 123.

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DEPUTY DIRECTOR, SOCIAL WELFARE DEPARTMENT, BANGALORE RURAL DISTRICT, BEERASANDRA, DODDABALLAPUR AND DEVANAHALLI MAIN ROAD, KUNDANA HOBLI, DEVANAHALLI TALUK - 562 110.

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EXECUTIVE DIRECTOR, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (AN ORGANIZATION OF GOVT. OF KARNATAKA), NO.8, M.S.B-I, 6TH AND 7TH FLOOR, CUNNINGHAM ROAD, BANGALORE - 560 052.

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3 - NC: 2024:KHC:24357 WP No. 3046 of 2022

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EXECUTIVE ENGINEER, NO.2, BEERASANDRA, DODDABALLAPUR AND DEVANAHALLI MAIN ROAD, KUNDANA HOBLI, DEVANAHALLI TALUK - 562 110.

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M/S G. RAMESH, SO NOT KNOWN, AGED MAJOR, NO.124, PLOT NO.P, 3RD MAIN, MAHALAKSHMIPURA, FATHER EXTENSION, OPP TO ISKON TEMPLE, BANGALORE - 560 086.

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SMT. JAYAMMA, W/O HANUMANTHARAYAPPA, DODDERI VILLAGE, THYMAGONDANAHALLI HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 123.

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…RESPONDENTS

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(BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI. S.H. RAGHAVENDRA, AGA FOR R1 TO R5 AND R7; SRI. NAGAIAH, ADVOCATE FOR R6; SRI. S.G. HEGDE, ADVOCATE OR R8; SRI. M.C. JAYA KEERTHI, ADVOCATE FOR PROPOSED R9 ON IA 1/23)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXUREA AND A1 WORK ORDER/EXECUTION OF PROJECT DATED 13.3.2018 FOR CONSTRUCTION OF DR. B.R. AMBEDKAR RESIDENTIAL SCHOOL, SC COMPLEX AT KAMBALU VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, SY.NO.159 MEASURING 9 ACRES, THE SAID PROJECT WAS CANCELLED DUE TO LAND WAS DISPUTE BY THE FOREST DEPARTMENT, THE VERY SAME WORK ORDER WAS TRANSFERRED ON

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NC: 2024:KHC:24357 WP No. 3046 of 2022

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20.03.2021 FOR CONSTRUCTION OF DR.AMBEDKAR RESIDENTIAL SCHOOL SC COMPLEX AT DODDERI VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK IN SY.NO.23, MEASURING 5 ACRES OF LAND AND ETC.,

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

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ORDER

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In this petition, petitioners are seeking for the following

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reliefs:

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"a) Issue a 'Writ of Certiorari' by quash Annexure-A & A-1 work order / execution of projector dated : 13-3-2018 in KREIS/Project (1)(CR)(04) 2017-18 for construction of Dr.B.R.Ambedkar residential school, (SC) complex at Kambalu village, SOmpura hobli, Nelamangala taluk, Sy.No.159 measuring 9 acres, the said project was cancelled due to land was dispute by the forest department, the very same work order was transferred on 20.03.2021 for construction of Dr.B.R.Ambedkar residential school, (SC) complex at Dodderi village, Thayamagondlu hobli, Nelamangala taluk, Sy.No.23, measuring 5 acres of land.

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b) Issue directions to Respondent No.1 and 2 to consider the representation Annexure -W-3 & W-2 dated 29.09.2021 and 12.10.2021 to pay the compensation by way of cash of to provide alternative same value of land to the petitioner. Since, the petitioners land was illegally granted by the 2^nd Respondent to the 5^th Respondent vide LND(DE)SR.72/16-17 dated 10-112016 for construction of Kithuru Rani Chennamma Residential school.

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NC: 2024:KHC:24357 WP No. 3046 of 2022

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c) Grant such other reliefs or reliefs as this Hon'ble Court may deem fit to grant under the facts and circumstances of the case."

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A perusal of the material on record will indicate that in addition to various contentions being urged by both sides in support of their respective claims, there are other litigations/proceedings pending between the parties viz., proceedings before the petitioner and respondent No.9 and the State before the Assistant Commissioner as well as proceedings before the Karnataka Appellate Tribunal between the petitioner on one hand and respondent No.5 on the other hand, which are still pending adjudication as on today.

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In addition thereto, the representations submitted by

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the petitioner on 29.09.2021 and 12.10.2021 have not been considered by respondent Nos.1 and 2 even till today. It is also relevant to state that on 11.12.2023, this Court had passed the following interim order:

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ORDER ON I.A.No.1/2023

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Heard Sri. Arun Shyam, learned Senior Counsel for impleading applicant. Application has been filed by Smt. Jayamma seeking to be impleaded as respondent in the writ petition on the ground that she has been allotted land measuring 4 acres 30 guntas in Survey

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6 - NC: 2024:KHC:24357 WP No. 3046 of 2022

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No.23, Dodderi Village, Thyamgondalu Hobli, Nelamangala Taluk, Bangalore Rural District.

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The subject matter of the dispute in the writ petition would prejudice her rights and she is necessary party.

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Paragraph No.3 of the statement of objections filed by the State would indicate that the land has been allotted in favour of the applicant. The applicant is a necessary party to this writ petition. Hence, I.A.No.1/2023 is allowed.

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Sri. Chokkareddy, learned counsel for the petitioner is permitted to amend cause-title. Amended writ petition to be filed within a period of two weeks.

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Further from the statement of objections filed by State, as per Annexure-R23 indicated that the grant certificates of the petitioners were subjected to forensic examination and the report is awaited.

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Learned Additional Government Advocate is directed to place the report before next date of hearing.

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Learned counsel for impleading applicant has filed a memo reporting the death of petitioner oNo.3. The memo is placed on record. List this mater after three weeks."

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4. Pursuant to the aforesaid interim order, a report has

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been obtained from the Forensic Science Laboratory and the same is placed on record before this Court.

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In view of the aforesaid facts and circumstances and pendency of the proceedings before the Assistant Commissioner, Doddaballapur and the Karnataka Appellate

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7 - NC: 2024:KHC:24357 WP No. 3046 of 2022

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Tribunal, Bangalore, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition relegating all the parties to get their dispute adjudicated upon before the Assistant Commissioner, Doddaballapur and the Karnataka Appellate Tribunal, Bangalore in accordance with law. Further Respondent Nos.1 and 2 are also directed to consider the petitioners representations at Annexure-W-3 and W-2 dated 29.09.2021 and 12.10.2021, in accordance with law as expeditiously as possible after disposal of the aforesaid proceedings before the Assistant Commissioner, Doddaballapur and the Karnataka Appellate Tribunal, Bangalore.

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It is further directed that the report of the Forensic Science Laboratory submitted to this Court pursuant to the order, dated 11.12.2023, shall be communicated to both the Assistant Commissioner, Doddaballapur as well as the Karnataka Appellate Tribunal, Bangalore, to proceed further in accordance with law.

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All rival contentions on all aspects of the matter

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between the petitioner, respondent-State, Revenue Authorities

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NC: 2024:KHC:24357 WP No. 3046 of 2022

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and Private respondents are kept open and no opinion is expressed on the same.

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Subject to the aforesaid directions, the writ petition is

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disposed of .

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Sd/JUDGE

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PHM List No.: 1 Sl No.: 21 CT: BHK

Smt Chikkamma v. State of Karnataka Under Secretary

Case brief

What is this about?

What did the court decide?

Smt Chikkamma v. State of Karnataka Under Secretary

Case brief

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