Karnataka High Court
Davanagere Urban Development ... vs D. Premappa on 10 June, 2022
Bench: Sachin Shankar Magadum
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 13169 OF 2018(GM-CPC)
BETWEEN:
DAVANAGERE URBAN DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER,
A BLOCK DEVARAJ URS LAYOUT,
DAVANAGERE-577 006.
...PETITIONER
(BY SRI.S.M.CHANDRASHEKAR, SR.COUNSEL FOR
SRI.BRIJESH PATIL, ADVOCATE)
AND:
1. D. PREMAPPA
S/O DODDA MALLAPPA
VINUTANA, D NO.3643/30, 4TH MAIN,
9TH CROSS, S S LAYOUT, B BLOCK, DAVANAGERE.
SINCE DEAD BY HIS LRS
1A) SMT.D.P.PUSHPA
W/O D.PREMAPPA
AGED ABOUT 64 YEARS,
VINUTANA, D.NO.3643/30, 4TH MAIN, 9TH CROSS,
S S LAYOUT, B BLOCK,
DAVANAGERE-577 006
2
1B) SMT.PARIMALA P RAJESH
W/O P.RAJESH, D/O D PREMAPPA
AGED ABOUT 44 YEARS,
D.NO.73/1, PUTTA KRUPA
P.HALESHAPPA ROAD, DAVANAGERE-577 006
1C) D.P.PRANESH KUMAR
S/O D.PREMAPPA,
AGED ABOUT 42 YEARS,
VINUTANA, D.NO.3643/30, 4TH MAIN, 9TH CROSS,
S S LAYOUT, B BLOCK,
DAVANAGERE-577 006
1D) D.P.PRADEEP
S/O D.PREMAPPA,
AGED ABOUT 40 YEARS,
VINUTANA, D.NO.3643/30, 4TH MAIN, 9TH CROSS,
S S LAYOUT, B BLOCK,
DAVANAGERE-577 006
...RESPONDENTS
(BY SRI.BOPANNA B, ADVOCATE FOR R1(A-D))
THIS PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER AT ANNEXURE-D DATED 02.03.2018
PASSED IN EXECUTION PETITION NO.15/2009 BY THE
PRINCIPAL CIVIL JUDGE, DAVANGERE BY ORDERING JDR
TO BE PUT IN CIVIL PRISON AND FURTHER ORDERING
FOR ISSUANCE OF ARREST WARRANT AGAINST THE JDR.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
3
ORDER
The captioned writ petition is filed questioning
the arrest warrant issued by the Executing Court in
E.P.No.15/2009.
2. The learned Senior Counsel appearing for
the judgment debtor has filed an affidavit dated
10.6.2022 of the present Commissioner of Davangere-
Harihar Urban Development Authority. At Para 4 of
the affidavit, it is stated that they will carry out joint
inspection after notifying the decree holder. After
joint inspection, the demarcated portion if found in
possession of the authority, they will unconditionally
hand over land forthwith to the decree holder. The
said affidavit is taken on record.
3. In the light of the affidavit filed by the
Commissioner and having regard to the finding
recorded by the Executing Court at para 9 wherein the
official examined on behalf of the authority has
admitted in unequivocal terms that the fence was
removed for the formation of the road without
demarcating the remaining land measuring 1756
sq.ft., I deem it fit to recall the arrest warrant.
4. However, it is made clear that the
Commissioner shall personally monitor the matter on
hand and shall take swift action by securing joint
inspection within a period of two weeks from the date
of receipt of a copy of this order. Thereafter, the
undertaking given at Paragraph 4 of the affidavit shall
be given effect to and in terms of the joint inspection
the unacquired land that would be demarcated during
the Court of joint inspection shall be handed over
within a period of four weeks.
5. Accordingly, the petition is allowed. The
arrest warrant is recalled. If the undertaking given at
Para 4 of the affidavit is not complied, the arrest
warrant issued on the earlier occasion stands
restored.
Sd/-
JUDGE
*alb/-
