Disposed

Sri. Satish Kumar v. State of Karnataka

Karnataka HC23 Aug 2024WP/4707/2024

Case brief

AI extract

What is this about?

Writ petition against an Assistant Commissioner's communication directing status-quo and removal of constructions in pending PTCL land restoration proceedings. The High Court set aside the communication, directed both parties to maintain status-quo as the property exists today until the Assistant Commissioner decides the restoration application within four months.

What did the court decide?

Communication dated 11.01.2024 (Annexure-E) quashed; parties to maintain status-quo on Sy.No.260 till decision; Assistant Commissioner to dispose matter within four months.

Sri. Satish Kumar Vs State of Karnataka — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:33944 WP No. 4707 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4707 OF 2024 (SC-ST)

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BETWEEN:

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SRI. SATISH KUMAR S/O S MUNIYAPPA AGED ABOUT 47 YEARS /AT NOO 119, 4TH CROSS 1ST MAIN, BRINDAVANA LAYOUT KAVAL BYRASANDRA BENGALURU 560032

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…PETITIONER

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(BY SRI. SRINIVAS V.,ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRSENTED BY ITS SECRETARY TO REVENUE DEPARTMENT M S BUILDING, BANGALORE 560001.

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Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

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THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DEVISION KANDAYA BHAVAN, K G ROAD BANGALORE 560001.

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THE TAHSILDAR YEALAHANKA TALUK YELAHANAKA 560063.

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THE STATION HOUSE OFFICER CHIKKAJALA

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YELHANKA TALUK 560063.

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SRI T RAMANJINAPPA S/O LATE MUNIYAPPA

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NC: 2024:KHC:33944 WP No. 4707 of 2024

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AGED ABOUT 54 YEARS R/AT THARAHUNASAE VILLAGE JALAHOBLI, YELHANKA TALUK BANGALOE-562157.

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…RESPONDENTS

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(BY SRI.SIDHARTH BABURAO., AGA FOR R1 TO R4: SRI. CHANDRASHEKAR M, ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS IN K.SC/ST NO. 27/2023 ON THE FILE OF AC BANGALORE NORTH SUB-DIVISION AT BANGALORE, QUASH THE COMMUNICATION DATED: 11.01.2024 BEARING NO. KSC.ST/YLK-27/2023 ISSUED TO R-3 AND 4 VIDE ANNEXURE-E TO THE WP QUASH THE FURTHER PROCEEDINGS BEFORE THE R-2 IN K.SC.ST/YLK/27/2023 I.E ANNEXURE-C AND ETC.

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THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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In this writ petition, the petitioner has called in question the communication dated 11.01.2024 issued by the respondent No.1, Assistant Commissioner to the respondent Nos.3 and 4 vide Annexure-E, whereby the parties are directed to maintain status-quo and directed to

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3 - NC: 2024:KHC:33944 WP No. 4707 of 2024

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remove any constructions made in violation of the interim order.

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The petitioner claims to be the purchaser of land bearing Sy.No.260 measuring 2 acres 38 guntas situated at Tharahunase Village, Jala Hobli, Bangalore North Taluk. The said property was originally granted to Mr.Patalappa, who is the grandfather of the respondent No.5. After the Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short “the Act”) came into force, the legal representatives of original grantee filed an application before the Assistant Commissioner under Section 5 of the Act for restoration of the land. Proceedings have been initiated by the Assistant Commissioner in PTCL/YLK-27/2023.

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Now the matter is pending before the Assistant Commissioner. The only feasible relief that can be granted at this stage is to direct the parties to maintain status-quo in respect of the property as it exists today, till a decision is taken by the Assistant Commissioner.

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NC: 2024:KHC:33944 WP No. 4707 of 2024

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Accordingly, the following order is passed:

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ORDER

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a) The petition is disposed of.

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b) The communication dated 11.01.2024 issued by the respondent No.1, Assistant Commissioner to the respondent Nos.3 and 4 vide Annexure-E, is hereby set aside.

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c) Parties are directed to maintain status-quo as it exists today in respect of property bearing Sy.No.260 measuring 2 acres 38 guntas situated at Tharahunase Village, Jala Hobli, Bangalore North Taluk, till a decision is taken by the Assistant Commissioner.

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d) The Assistant Commissioner, after giving opportunity to the parties, is directed to dispose of the matter in accordance with law within a period

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NC: 2024:KHC:33944 WP No. 4707 of 2024

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of four months from the date of receipt of a copy

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of this order.

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All pending I.As, if any, are disposed of accordingly.

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