Disposed

Sri. Muniyappa, v. the State of Karnataka

Karnataka HC26 Nov 2024WP/8117/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction to the Tahsildar to issue a genuineness certificate regarding 4 acres of land acquired for KIADB. The petition alleged the land was genuinely granted but verification was pending. The High Court directed the Tahsildar to verify the grant and report within four weeks.

What did the court decide?

Respondent No. 2 to consider the request and intimate Respondent No. 3 about the genuineness of the grant within four weeks.

Sri. Muniyappa, Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:48426 WP No. 8117 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 8117 OF 2024 (KLR-RES)

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BETWEEN:

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SRI. MUNIYAPPA, S/O HANUMAPPA, AGED ABOUT 66 YEARS, R/AT UGANAVADI, DEVANAHALLI TALUK, BENGALURU RURAL-562 110.

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…PETITIONER

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(BY SRI. VARUN R.R., ADVOCATE)

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AND:

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Digitally signed by H K HEMA Location: High Court of Karnataka

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THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU 560 001. REP.BY ITS CHIEF SECRETARY.

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THE TAHSILDAR, DEVANAHALLI TALUK, BENGALURU RURAL-562 110.

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, MAHARSHI ARAVIND BHAVAN, 1^ST FLOOR, NRUPATHUNGA ROAD, BANGALORE-560 001. REPRESENTED BY ITS

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SPECIAL LAND ACQUISITION OFFICER -2.

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…RESPONDENTS

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(BY SMT. B.P.RADHA, AGA FOR R1 & R2; SRI. H.L.PRADEEP KUMAR, ADVOCATE FOR R3)

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2 - NC: 2024:KHC:48426 WP No. 8117 of 2024

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NO.2 HEREIN TO ISSUE A GENUNITY CERTIFICATE IN RESPECT OF 4 ACRES OF GRANTED LAND IN SY.NO.21/P22 SITUATED AT KAVADADASANAHALLLI VILLAGE, CHANNRAYAPATNA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL, BY CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED 05.12.2023 AS PER ANNEXURE-A.

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THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.I.ARUN

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ORAL ORDER

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The land which is the subject matter of this writ petition has been acquired for the purposes of respondent No.3-Karnataka Industrial Area Development Board (for short 'KIADB'). The petitioner on the ground that he is the owner of the said land has requested respondent No.3 to release him the compensation. However, as respondent No.3 could not decide as to the genuineness of the grant,

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has requested the petitioner to get necessary certificates from the Tahsildar confirming that the grant is genuine. The petitioner thereafter has approached respondent No.2Tahsildar with a request to grant him genuinity certificate.

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NC: 2024:KHC:48426 WP No. 8117 of 2024

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As his request has not been considered so far, the present writ petition is filed with the following prayers:

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"Wherefore, the Petitioner above name prays that this Hon'ble Court may be pleased to grant the following reliefs;

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a. Issue a Writ of Mandamus directing the Respondent No.2 herein to issue a genunity certificate in respect of 4 Acres of granted land in Sy.No.21/P22 situated at Kavadadasanahalli Village, Channarayapatna Hobali, Devanahalli Taluk, Bengaluru Rural, by considering the representation of the Petitioner dated 05.12.2023 as per " ANNEXURES-A" ; and

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b. Issue such other order or direction, this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity."

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Learned AGA upon instructions submits that they will verify the relevant records and conclude whether the grant made in favour of the petitioner is genuine or not and thereafter issue the necessary certificate.

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For the aforementioned reasons, the following:

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NC: 2024:KHC:48426 WP No. 8117 of 2024

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ORDER

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i) Respondent No.2 is directed to consider the request of the petitioner and intimate respondent No.3 about the genuineness or otherwise of the grant said to have been done in favour of petitioner within a period of four weeks from the date of receipt of a certified copy of this order.

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ii) It is needless to state that if the petitioner is aggrieved by the same, he is always at liberty to challenge the said communication and initiate other appropriate proceedings in accordance with law;

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iii) Accordingly, the writ petition is disposed of .

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In view of disposal of main petition, pending interlocutory applications, if any, stand disposed of.

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Sd/(M.I.ARUN) JUDGE

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PGG

Sri. Muniyappa, v. the State of Karnataka

Case brief

What is this about?

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Sri. Muniyappa, v. the State of Karnataka

Case brief

What is this about?

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