Sri Ashwath Kumar Vs Basavarajappa

SRI ASHWATH KUMAR S/O LATE SIDDARAMAPPA, AGED ABOUT 48 YEARS AGRICULTURIST R/O OLD MALALI VILLAGE, HONNALI TALUK PRESENTLY NYAMATHI TALUK DAVANAGERE DISTRIC-577 216.

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(BY SRI. G.LAKSHMEESH RAO, ADVOCATE)

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AND:

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…APPELLANT

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BASAVARAJAPPA S/O KARIBASAPPA SINCE DECEASED BY HIS LRS

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1(A) SMT BANDAMMA W/O LATE BASAVARAJAPPA AGED 57 YEARS NO.151, NEAR KARIYAMMA TEMPLE, MALALI VILLAGE, ADONAHALLI POST,

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GOVINAKERE HOBLI, HONNALI TALUK, PRESENTLY NYAMATHI TALUK, DAVANAGERE DISTRICT-577 216

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1(B) SRI MALLIKARJUNA S/O LATE BASAVARAJAPPA AGED 39 YEARS,

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R/AT NO.151, NEAR KARIYAMMA TEMPLE, MALALI VILLAGE, ADONAHALLI POST, GOVINAKERE HOBLI, HONNALI TALUK, PRESENTLY NYAMATHI TALUK, DAVANAGERE DISTRICT-577 216

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1(C) SMT. SUNITHA G.B W/O SATHISHAPPA, AGED 35 YEARS, R/AT SYDERAKALLAHALLI VILLAGE, SYDERA KALLAHALLI POST, BHADRAVATHI TALUK, SHIMOGGA DISTRICT-577 243

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1(D) SRI RUDRESHA S/O LATE BASAVARAJAPPA, AGED 37 YEARS, R/AT NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST, GOVINAKERE HOBLI, HONNALI TALUK, PRESENTLY NYAMATHI TALUK, DAVANAGERE DISTRICT-577 216

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1(E) SMT RAJESHWARI W/O RAMESHAPPA MAJOR, R/AT NO.AREHALLI VILLAGE, BASAVANAHALLI POST, NYAMATTHI TALUK, DAVANAGERE DISTRICT-577 216

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THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANAGERE-577 001

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THE ASSISTANT COMMISSIONER DAVANAGERE SUB DIVISION, DAVANAGERE CITY DAVANAGERE-577 001

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THE TAHSILDAR TALUK OFFICE HONNALI TALUK-577 127, PRESENTLY NYAMATHI TALUK DAVANAGERE DISTRICT

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SRI. KARIYAPPA S/O BYRAPPA SINCE DECEASED BY HIS LR'S

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5(A) SMT. GIRIJAMMA W/O LATE KARIYAPPA AGED ABOUT 70 YEARS HOSAMALALI VILLAGE, GOVINA KOVI, HADONAHALLI POST, HONNALI POST, HONNALI TALUK-577216 PRESENTLY NYAMATHI TALUK DAVANAGERE DIST

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6(B) SRI. SURESH S/O LATE KARIYAPPA AGED ABOUT 54 YEARS, R/AT HOUSE NO.181/0 DEEPAK NIVAS, KONONDASPURA, PRERANA HIGH SCHOOL ROAD, DEEPAK NAGAR POST, BENGALURU-560 049

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7(C) SMT. KARIBASAMMA W/O HANUMANTAPPA AGED ABOUT 45 YEARS, BHANUVALLI VILLAGE AND POST, HARIHARA TALUK, DAVANAGERE DISTRICT-577 516

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8(D) SMT. KAVITHA W/O RAMESHAPPA, AGED ABOUT 35 YEARS, MANGOTE VILLAGE, SANYASI KODAMAGGE POST, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577243

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…RESPONDENTS

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(BY SRI.A. NAGARAJAPPA, ADVOCATE FOR R1(A-E) SRI. M.N. SUDEV HEGDE, AGA FOR R2-R4, SRI. PRABHAKAR L SHETTY, ADVOCATE FOR R6-R8)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 21/04/2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.48032/2012.

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IN WA NO. 890/2025

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BETWEEN:

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SRI ASHWATH KUMAR S/O LATE SIDDARAMAPPA, AGED ABOUT 48 YEARS AGRICULTURIST R/O OLD MALALI VILLAGE, HONNALI TALUK-577 126, PRESENTLY NYAMATHI TALUK DAVANAGERE DISTRICT

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...APPELLANT

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(BY SRI. G.LAKSHMEESH RAO, ADVOCATE)

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AND:

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THE TAHSILDAR HONNALI TALUK-577 127, PRESENTLY NYAMATHI TALUK DAVANAGERE DISTRICT

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THE ASSISTANT COMMISSIONER

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DAVANAGERE SUB DIVISION, DAVANAGERE-577 006

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THE DEPUTY COMMISSIONER DAVANAGERE SUB DIVISION, DAVANAGERE - 577 006

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THE STATE OF KARNATAKA BY ITS SECRETARY TO THE DEPARTMENT OF REVENUE VEEDANA VEEDHI BANGALORE -56001.

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BASAVARAJAPPA S/O KARIBASAPPA SINCE DECEASED BY HIS LRS

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5(A) SMT. BANDAMMA W/O LATE BASAVARAJAPPA AGED 57 YEARS NO. 151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK PRESENTLY NYAMATHI TALUK DAVANAGERE DIST - 577 216.

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5(B) SRI. MALLIKARJUNA S/O LATE BASAVARAJAPPA AGED 39 YEARS R/AT NO. 151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK PRESENTLY NYAMATHI TALUK DAVANAGERE DIST - 577 216

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5(C) SMT. SUNITHA. B. G W/O SATHISHAPPA AGED 35 YEARS R/AT SYDERAKALLAHALLI VILLAGE SYDERA KALLAHALLI POST BHADRAVATHI TALUK

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SHIMOGGA DIST - 577 243.

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5(D) SRI. RUDRESHA S/O LATE BASAVARAJAPPA AGED 37 YEARS R/AT NO. 151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK PRESENTLY NYAMATHI TALUK D AVANAGERE DIST - 577 216.

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5(E) SMT. RAJESHWARI W/O RAMESHAPPA MAJOR R/AT NO. AREHALLI VILLAGE BASAVANAHALLI POST NYAMATHI TALUK DAVANAGERE DIST - 577 216.

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SMT. GIRIJAMMA W/O LATE KARIYAPPA MAJOR HOSAMALALI VILLAGE HONNALI TALUK-577 216 PRESENTLY NYAMATHI TALUK DAVANAGERE DIST

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SRI. SURESH S/O LATE KARIYAPPA MAJOR HOSAMALALI VILLAGE HONNALI TALUK-577 216 PRESENTLY NYAMATHI TALUK DAVANAGERE DIST

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SMT KARIBASAMMA D/O LATE KARIYAPPA MAJOR HOSAMALALI VILLAGE HONNALI TALUK-577216 PRESENTLY NYAMATHI TALUK

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DAVANAGERE DIST

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SMT. KAVITHA D/O LATE KARIYAPPA MAJOR HOSAMALALI VILLAGE HONNALI TALUK-577 216 PRESENTLY NYAMATHI TALUK DAVANAGERE DIST

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...RESPONDENTS

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(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1-R4, SRI. A. NAGARAJAPPA, ADVOCATE FOR R5(A-E), SRI. PRABHAKAR L SHETTY, ADVOCATE FOR (R7-R9)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 21/04/2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.19755/2023 ONLY TO THE EXTENT OF REJECTION OF APPELLANTS CLAIM TO THE EXTENT OF 1 ACRE 20 GUNTAS OUT OF 3 ACRES OF LAND IN SY.NO.44 OF MALALI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT, AND TEHREBY CONFIRM THE ORDER OF GRANT MADE BY THE 1^ST RESPONDENT TAHSILDAR ON 31.05.1983 IN NO.153/82.83.

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THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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These two writ appeals have been filed

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impugning the judgment and order dated 21.04.2025 passed by the learned Single Judge in W.P.No.19755/2013 connected with W.P.No.48032/2012.

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The appellant claims to be a displaced person. According to the appellant, his 3 acres of land, which was granted to him, had been lost due to submersion. Since the petitioner's original land got submerged to Shanthisagara Tank, the petitioner was granted 3 acres of land in Sy.No.44 of Malali Village, Honnali Taluk, Davanagere District. Out of 3 acres of said land, 1 acre 20 guntas was allotted to Mr. Kariyappa, since deceased and 10 guntas of land is said to be in possession of Mr.Basavarajappa. The legal heirs of deceased Basavarajappa and Kariyappa are already on record.

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Rule 5 of the Karnataka Land Grant Rule, 1969,

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provides order of preference for granting the agricultural

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land in favour of the persons. In order of preference, the first preference is to be given to the Ex-serviceman and second preference is to Schedule Caste and Schedule Tribe and third is to displaced person.

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The learned Single Judge, considering the provisions of Rule 5 of the Karnataka Land Grant Rules, 1969 has held that the land granted in favour of Mr. Kariyappa was correct and his possession over 1 acre 20 guntas should not be disturbed.

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So far as Mr. Basavarajappa is concerned, as per the report submitted by the Assistant Commissioner of the spot inspection, he was in possession and cultivation of 10 guntas of land, therefore the Karnataka Appellate Tribunal should not have set aside the possession of 10 guntas of land in favour of Mr. Basavarajappa

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Learned counsel for the appellant submits that late Kariyappa was not a Schedule Caste/Schedule Tribe, but he belonged to backward community. In order of

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preference, he will come below the appellant. He further submits that it may be considered that as per the reservation as provided under Rule 5 of the Karnataka Land Grant Rule, 1969 and no reservation is provided in favour of the person belonging to backward community.

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We have considered the submissions. After the judgment passed by the Hon'ble Supreme Court in Kum. Madhuri Patil and Another vs. Additional Commissioner, Tribal Development and Others (1994) 6 SCC 241 , the State Government has amended the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.,) Act, 1990 and the rules made thereunder.

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In view of the aforesaid amendment brought in the aforesaid Act and the Rules, incorrect or false certificate issued to persons can be challenged before the District Caste Verification Committee as constituted under the relevant rules.

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Therefore, we dispose of these appeals giving

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liberty to the appellant to challenge the caste certificate of late Kariyappa or his legal heirs before the appropriate committee and the grant of land of 1 acre 20 guntas in Sy.No.44 of Malali village, Honnali taluk, Davanagere District shall be subject to the final determination of the caste of late Kariyappa or his legal heirs that whether they belonged to Schedule Caste/Schedule Tribe or backward community as claimed by them.

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With the aforesaid directions and liberty we

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dispose of these appeals.

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SD/(D K SINGH) JUDGE

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SD/(RAJESH RAI K) JUDGE

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CR/List No.: 1 Sl No.: 11

Sri Ashwath Kumar v. Basavarajappa

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Sri Ashwath Kumar v. Basavarajappa

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