Karnataka High Court
Shivkumar S/O Mallanagouda vs Tanveer @ Tanveer Khaji And Ors on 13 January, 2022
Bench: S.R.Krishna Kumar, K S Hemalekha
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF JANUARY 2022
PRESENT
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
AND
THE HON'BLE MRS.JUSTICE K.S.HEMALEKHA
WRIT APPEAL NO.200086/2021 (LR)
BETWEEN:
Shivkumar S/o. Mallanagouda,
Age: 30 years, Occ: Agriculture,
R/o. Bendoni Village,
Taluk:P Lingasugur, Dist: Raichur.
... ...Appellant
(By Sri.Mahantesh Patil, Advocate)
AND:
1. Tanveer @ Tanveer Khaji
S/o Abdul Hai @ Abdul Hai Khaji,
Aged about 48 years, Occ: Agriculturist,
R/o. Chittapur, Tq: Lingasugur,
Dist: Raichur.
2. The State of Karnataka,
Through the Principal Secretary,
For Revenue Administration,
Vikasa Soudha,
Bengaluru-560 001.
3. The Deputy Commissioner,
Raichur-584 101.
2
4. The Assistant Commissioner,
Lingasugur, Dist: Raichur.
5. The Tahsildar,
Lingasugur Taluk,
Dist: Raichur-584 101.
..... Respondents
(By Sri.J.Augustin, Advocate for R1;
By Sri. Mallikarjun C.Basareddy, HCGP for R2 to R5)
This Writ Appeal is filed under Section 4 of the Karnataka
High Court Act, praying to set aside the order dated 24.11.2020,
W.P.No.203795/2017 passed by the learned Single Judge and
consequently dismissed the said writ petition, in the interest of
justice and equity.
This appeal coming on for orders this day,
S.R.Krishna Kumar, J, delivered the following:
JUDGMENT
This appeal by the respondent No.5 in
W.P.No.203795/2017 has directed against the impugned
order dated 24.11.2020 passed by the learned Single Judge,
whereby the learned Single Judge allowed the petition and set
aside the impugned order passed by the Assistant
Commissioner and Deputy Commissioner and remitted the
matter back to the Assistant Commissioner for reconsideration
afresh after hearing all parties including appellant as well as
respondent No.1.
2. Heard the learned counsel for the appellant and
learned High Court Government Pleader for respondent Nos.2
to 5 and learned counsel for respondent No.1/writ petitioner
and perused the material on record. Though several
contentions have been urged by both side in support of their
respective claims in relation to various court proceedings
before the Land Tribunal, proceeding before this court and the
order passed in Writ Appeal No.200297/2017 dated
08.09.2020, having regard to the fact that the leaned Single
Judge has come to the conclusion that the impugned order
passed by the Assistant Commissioner and Deputy
Commissioner have violated the principles of natural justice
since no opportunity was given to the writ petitioner before
passing the impugned order, without expressing any opinion
of the merits-demerits of the rival contentions, we are of the
opinion that this is not a fit case for interference of this court in
the present appeal.
3. In the result, we pass the following:
ORDER
i) Appeal is hereby dismissed, without interfering with
the impugned order passed by the learned Single
Judge.
ii) All rival contentions between the parties are kept open
and no opinion is expressed on the same.
iii) The Assistant Commissioner is directed to dispose of
the proceedings pursuant to the impugned order
passed by the learned Single Judge within a period of
six months from the date of receipt of copy of this
order.
All pending IAs does not survive for consideration.
Sd/-
JUDGE
Sd/-
JUDGE
SMP
