Gangappa S/O Eranna vs Boodeppa And Ors
2021 Latest Caselaw 5201 Kant

                            1


          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 1ST DAY OF DECEMBER-2021

                        PRESENT

         THE HON'BLE MR.JUSTICE R. DEVDAS
                           AND
 THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR

        WRIT APPEAL No.200180/2021 (LB, RES)
BETWEEN:

Gangappa S/o Eranna,
Age: 55 years, Occ: Agriculture,
R/o. Sultanpur Village,
Tq. & Dist. Raichur-584113.
                                              ...Appellant
(By Sri. Venkatesh C. Mallabadi, Advocate)

AND:

1.     Boodeppa S/o Shankrappa (Anampalli),
       Age: 34 years, Occ: Agriculture & Advocate,
       R/o. Sultanpur Village,
       Tq. & Dist. Raichur-584113.

2.     Bheemanna S/o Shankrappa (Anampalli),
       Age: 38 years, Occ: Agriculture,
       R/o. Sultanpur Village,
       Tq. & Dist. Raichur-584113.

3.     The Deputy Commissioner,
       Raichur, Tq. & Dist.
       Raichur-584101.
                              2


4.   The Chief Executive Officer,
     Zilla Panchayat, Raichur,

5.   The Deputy Secretary,
     Zilla Panchayat, Raichur,
     Tq. & Dist. Raichur-584101.

6.   The Executive Engineer,
     Taluka Panchayat, Raichur,
     Tq. & Dist. Raichur-584101.

7.   The Panchayat Development Officer,
     Jagir Venkatapur,
     Tq. & Dist. Raichur-584134.
                                           ... Respondents

       This Writ Appeal is filed under Section 4 of the
Karnataka High Courts Act, 1961 praying to allow the
writ appeal by setting aside the impugned order dated
27.10.2021 passed in W.P.No.226619/2020 by the
learned Single Judge and consequently dismiss the Writ
petition, in the interest of justice and equity.

      This appeal coming on for preliminary hearing,
this day, R.Devdas J., delivered the following:

                       JUDGMENT

R. DEVDAS J., (ORAL):

Although this matter is coming up for preliminary

hearing and no notice issued to the respondent, we

deem it fit to dispose of the writ appeal, for the following

reasons.

     2.     Respondent     Nos.1   and     2    had     filed

W.P.No.226619/2020       seeking   a   direction   to    the

Panchayat    Development    Officer,   Jagir   Venkatapur,

Raichur to issue construction permission in respect of

plot No.13 bearing panchayat No.III-79 and plot No.14

situated in Sy.No.194/A of Sultanpur, Raichur Taluk

and District. It is submitted that the appellant herein is

the owner of plot No.28 of Sultanpur, Raichur Taluk

and District. However, in the guise of claiming to be

the owners of plot No.13 and 14, respondents No.1 and

2 are trying to put up construction in the plot belonging

to the appellant herein. Therefore, the appellant had

filed objection before the Panchayat Development Officer

to the application filed by respondent Nos.1 and 2.

Even in the writ proceedings, the appellant herein had

filed an interlocutory application seeking to implead

himself. However, the writ petition was disposed of by

the learned Single Judge, without considering the

application for impleadment filed by appellant herein.

The learned counsel would therefore submit that since

the interlocutory application filed by the appellant

herein was disposed of by the learned Single Judge

without allowing the same and a direction being issued

to the authorities to consider the representation given

by respondent Nos.1 and 2 herein, the Panchayat

Development Officer is not considering the objections

filed by the appellant herein.

3. We find from paragraph No.22 of order of the

learned Single Judge that the learned Single Judge has

taken into consideration the fact that there were other

persons claiming to be owners the properties and

therefore while disposing of the writ petition, the

Panchayat Development Officer was directed to consider

the claim of the writ petitioner in accordance with law

within a period of eight weeks.

4. We are of the considered opinion that the

order of the learned Single Judge should be read as a

direction to the Panchayat Development Officer, Jagir

Venkatapur to consider the objections filed at the hands

of the appellant herein also, while considering the

representation/ application given by respondent Nos.1

and 2 herein. Without considering the objections filed

by the appellant herein the Panchayat Development

Officer shall not pass any order on the application filed

by respondent Nos.1 and 2.

5. With these observations, the writ appeal

stands disposed of.

Sd/-

JUDGE

Sd/-

JUDGE SMP