Disposed¶33

Smt Mary Juje D Souza v. the State of Karnataka

Karnataka HC25 Jan 2025WA/1422/2024

Case brief

AI extract

What is this about?

Karnataka High Court writ appeal (KLR-RES) order dated 25.01.2025; office objections; three weeks' time; automatic dismissal on default; listing on 25.02.2025; challenge to single judge's order dated 09.09.2024 in W.P. No. 7381/2024 vacating interim order dated 12.03.2024; land excluding dwelling house; Sagar/Joga Falls, Shivamogga district; unauthorised cultivation regularisation; Joga Management Authority; Section 4 Karnataka High Court Act; appellant aged about 92 years, agriculturist.

What did the court decide?

Three weeks' time granted to remove office objections; on compliance the appeal to be listed on 25.02.2025; failing which the appeal shall stand dismissed automatically without reference to or order of the Court. No substantive relief adjudicated at this stage. ¶33

Smt Mary Juje D Souza Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶33

Issue for consideration

Whether the writ appeal should be entertained so as to set aside the order dated 09.09.2024 of the learned Single Judge in W.P. No. 7381/2024 (KLR-RES) vacating the interim order dated 12.03.2024, and restore that interim order in respect of the land excluding the dwelling house.

¶23

Court's answer

Three weeks' time is granted to remove the office objections.

¶31

Ratio / Principle

If the office objections are not removed within the time granted, the appeal shall stand dismissed automatically without reference to or order of the Court.

¶32

Key takeaways

If the office objections are complied with, the appeal shall be listed on 25.02.2025.ratio¶33

Detailed headnote1 paragraphs

Writ Appeal No. 1422/2024 (KLR-RES), filed under Section 4 of the Karnataka High Court Act by Smt Mary Juje D Souza, challenged the order dated 09.09.2024 of the learned Single Judge in W.P. No. 7381/2024 (KLR-RES) insofar as it vacated the interim order dated 12.03.2024 relating to the land excluding the dwelling house, and prayed for restoration of that interim order. By oral order dated 25.01.2025, the Division Bench (Hon'ble the Chief Justice Mr. N.V. Anjaria and Hon'ble Mr. Justice M.I. Arun) granted three weeks' time to remove office objections, directed that on failure the appeal shall stand dismissed automatically without reference to or order of the Court, and that upon compliance the appeal be listed on 25.02.2025. No merits adjudication; respondents include the State of Karnataka, Deputy Commissioner Shivamogga, Assistant Commissioner Sagara Sub-Division, Tahsildar Sagara Taluk, the Unauthorised Cultivation Regularisation Committee, Sagara Taluk, and the Joga Management Authority.

¶1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶2

DATED THIS THE 25^TH DAY OF JANUARY, 2025 PRESENT

¶3

THE HON'BLE MR.N.V.ANJARIA CHIEF JUSTICE

¶4

AND

¶5

THE HON’BLE MR. JUSTICE M.I.ARUN

¶6

WRIT APPEAL NO. 1422/2024 (KLR-RES)

¶7

BETWEEN

¶8

1 . SMT MARY JUJE D SOUZA W/O. LATE JUJE D SOUZA, AGED ABOUT 92 YEARS, AGRICULTURIST, RESIDING NEAR FOREST LODGE, JOGA-FALLS, SAGAR TALUK, SHIVAMOGGA DISTRICT, PIN-511 421.

¶9

(NOTE PETITIONER IS NOT CLAIMING THE BENEFIT OF SENIOR CITIZEN)

¶10

... APPELLANT/S

¶11

(BY SRI./SMT.: NAGARAJ S JAIN, MURGESH M AND AMARESH.R ADVOCATES)

¶12

AND:

¶13

1 . THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001.

¶14

2 . DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT SHIVAMOGGA CITY-577201.

¶15

W.A.NO.1422/2024

¶16

¶17

3 . ASSISTANT COMMISSIONER, SAGARA SUB DIVISION, SAGARA, SHIVAMOGGA DISTRICT-577401.

¶18

4 . TAHASILDAR, SAGARA TALUK, SAGARA, SHIVAMOGGA DISTRICT-577401.

¶19

5 . UNAUTHORISED CULTIVATION REGULARISATION COMMITTEE, SAGARA TALUK, REPRESENTED BY ITS SECTRETARY AND TAHASILDAR, SAGARA TALUK, SHIVAMOGGA DISTRICT-577401.

¶20

6 . JOGA MANAGEMENT AUTHORITY, SAGARA, SHIVAMOGGA DISTRICT, PINCODE-577 401 REP BY ITS ASSISTANT DIRECTOR AND JOINT SECRETARY

¶21

…RESPONDENT/S

¶22

(BY SRI./SMT.: IJARI NAGARAJA, ADVOCATE FOR C/R6 IN CP 16857/24)

¶23

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO A) SET ASIDE THE IMPUGNED ORDER DATED 09.09.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.7381/2024 (KLR-RES) SO FAR AS IT RELATING TO VACATING OF THE INTERIM ORDER DATE 12.03.2024 IN RESPECT OF THE LAND EXCLUDING THE DWELLING HOUSE AND CONSEQUENTLY RESTORE THE INTERIM ORDER DATED 12.03.2024 AND ETC.,

¶24

THIS WRIT APPEAL COMING ON FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING ORDER.

¶25

W.A.NO.1422/2024

¶26

¶27

CORAM: HON’BLE THE CHIEF JUSTICE MR.JUSTICE N.V.ANJARIA AND

¶28

HON’BLE MR.JUSTICE M.I.ARUN

¶29

ORAL ORDER

¶30