Karnataka High Court
Sri Gope Gowda vs The Deputy Commissioner on 6 April, 2023
Bench: Chief Justice, M.G.S. Kamal
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WA No. 1141 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 1141 OF 2022 (KLR-LG)
BETWEEN:
1. SRI GOPE GOWDA
S/O HOMBAIAH
AGED ABOUT 70 YEARS
R/AT VAJARAHALLI VILLAGE
BIDADI HOBLI
RAMANAGARAM TALUK AND DISTRICT - 562 109
...APPELLANT
(BY SRI. B S MAHENDRA, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
RAMANAGARA DISTRICT
RAMANAGARA - 562 159
Digitally signed
by AMBIKA H B 2. THE ASSISTANT COMMISSIONER
Location: HIGH RAMANAGARA SUB DIVISION
COURT OF RAMANAGARA - 562 159
KARNATAKA
3. THE TAHASILDAR
RAMANAGARA TALUK
RAMANAGARA - 562 159
4. SRI N KHALEEL
S/O NOOR SAB
SINCE DECEASED BY
LEGAL REPRESENTATIVE
4(A) SMT.SHAHEENA TAJ
W/O LATE N KHALEEL @ MOHAMMED KHALEEL
AGED ABOUT 58 YEARS
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WA No. 1141 of 2022
4(B) SRI MOHAMMED FAROOQ
S/O LATE N KHALEEL @ MOHAMMED KHALEEL
AGED ABOUT 38 YEARS
4(C) SRI MOHAMMED SALEEM
S/O LATE N KHALEEL @ MOHAMMED KHALEEL
AGED ABOUT 35 YEARS
4(D) SMT. NASREEN TAJ
D/O LATE N KHALEEL @ MOHAMMED KHALEEL
AGED ABOUT 34 YEARS
4(E) SRI FIROZ
S/O LATE N KHALEEL @ MOHAMMED KHALEEL
AGED ABOUT 32 YEARS
4(F) SRI MOHAMMED HANEEF
S/O LATE N KHALEEL @ MOHAMMED KHALEEL
AGED ABOUT 24 YEARS
4(G) SRI MOHAMMED NAVEED
S/O LATE N KHALEEL @ MOHAMMED KHALEEL
AGED ABOUT 23 YEARS
ALL ARE R/AT NO.5/85, N.K BUILDING
8TH MAIN ROAD, LIC COLONY EAST
JAYANAGARA 3RD BLOCK
BANGALORE - 560 011
...RESPONDENTS
(SRI S.S.MAHENDRA, AGA FOR RESPONDENT Nos.1 TO 3)
THIS WRIT APPEAL FILED IS UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS APPEAL AND
SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN
WRIT PETITION No.7997/2021 (KLR-LG) DATED 21.07.2022.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
I.A No.1/2022 is filed seeking condonation of delay of 78
days in filing the appeal.
WA No. 1141 of 2022
For the reasons stated in the affidavit filed along with the
application, the delay caused in filing the appeal is condoned. I.A
No.1/2022 is allowed.
2. The present appeal is filed challenging the order dated
21.07.2022 passed by the learned Single Judge in Writ Petition
No.7997/2021. The appellant/petitioner had challenged the order
of the Assistant Commissioner whereby the grant of land in favour
of the appellant was cancelled and subsequently, the said order of
the Assistant Commissioner was confirmed by the Deputy
Commissioner as well as the Karnataka Appellate Tribunal. The
learned Single Judge by assigning reasons in paragraphs 4 and 5
of the order has dismissed the petition.
3. The learned counsel for the appellant is fair enough to submit
that in an identical circumstance, Writ Appeal No.1140/2022 was
dismissed by the order dated 15.02.2023 by a Division Bench of
this Court, to which one of us is a party. A copy of the order is also
placed on record for our perusal.
4. The learned counsel for the appellant submits that while
dismissing the appeal, the Division Bench reserved liberty to the
WA No. 1141 of 2022
appellant to proceed with the suit and directed the Trial Court to
dispose of the suit on its merits without being influenced by the
observations in the order dated 15.02.2023. The learned counsel
for the appellant further submits that the appellant had also filed a
suit. As such, similar liberty be reserved in favour of the appellant
also.
5. Accordingly, the appeal is dismissed. Liberty is reserved to
the appellant to proceed with the suit.
6. In view of disposal of the writ appeal, pending interlocutory
application does not survive for consideration and is accordingly
disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
AHB
