Karnataka High Court
The State Of Karnataka vs Smt Manjula on 17 April, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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WA No.81 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT APPEAL NO.81 OF 2021 (KLR-RES)
BETWEEN:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUILDING, DR. AMBEDAKR ROAD
Digitally
signed by BENGALURU-560 001
RUPA V REP. BY PRINCIPAL SECRETARY.
Location:
High Court 2. THE STATE OF KARNATAKA
of Karnataka DEPARTMENT OF COMMERCE AND INDUSTRIES
1ST FLOOR, VIKASA SOUDHA
BENGALURU-560 001
REP. BY PRINCIPAL SECRETARY.
3. THE SPECIAL DEPUTY COMMISSIONER
BENGALURU DISTRICT
BENGALURU-560 001.
4. THE ASSISTANT COMMISSIONER
BENGALURU NORTH TALUK (SUB DIVISION)
BENGALURU-560 001.
5. THE TAHASILDAR
BENGALURU NORTH TALUK (ADDL.)
YELAHANKA NEW TOWN
BENGALURU-5460 064.
...APPELLANTS
(BY SMT. NAMITHA MAHESH B.G. AGA)
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WA No.81 of 2021
AND:
1. SMT. MANJULA
W/O NAGARAJU
AGED ABOUT 55 YEARS
RESIDENT OF AREBINNAMANGALA VILLAGE
JALA HOBLI, BENGALURU NORTH TALUK
BENGALURU DISTRICT 562129.
2. THE SPECIAL DEPUTY COMMISSIONER
BENGALURU DISTRICT
KIADB, NRUPATHUNGA ROAD
BENGALURU-560002.
3. THE SPECIAL LAND ACQUISITION OFFICER
KIADB, OFFICE-2
NO.49, KANIJA BHAVANA EAST WING, V-FLOOR
RACECOURSE ROAD, BENGALURU-560 001.
...RESPONDENTS
(BY SRI. BASAVARAJU P, ADV., FOR R1
SRI. P.V. CHANDRASHEKAR, ADV., FOR R2
R3 SERVED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND
SET ASIDE THE ORDER DATED 05/09/2019, PASSED BY THE
LEARNED SINGLE JUDGE IN W.P. NO.28938-28939/2019 (KLR
-RES). PASS ANY SUCH OTHER ORDER/S AS THIS HON BLE
COURT DEEMS FIT TO GRANT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
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WA No.81 of 2021
JUDGMENT
This intra Court appeal has been filed against an
order dated 05.09.2019 passed by the learned Single
Judge by which the writ petition preferred by the
respondent No.1 has been disposed of with a direction
to the appellants herein to issue saguvali chit.
2. Facts giving rise to filing of this appeal briefly
stated are that land bearing Sy.No.1 measuring 1 acre
situated in Arebinnamangala Village, Jala Hobli,
Bengaluru North Taluk was granted to the respondent
No.1 on 17.03.1999 and an official memorandum dated
23.12.2000 was also issued by the Tahsildar. However,
saguvali chit was not issued in favour of the respondent
No.1. Thereafter, the respondent No.1 filed a writ
petition which has been disposed of by learned Single
Judge by an order dated 05.09.2019 with a direction to
the appellants hereby to issue sagivali chit. In the
WA No.81 of 2021
aforesaid factual background, this appeal has been
filed.
3. Learned Additional Government Advocate
submitted that the respondent had filed writ petition
after 19 years from the date of grant and therefore, the
writ petition suffered from delay and laches. However, it
is fairly submitted that in pursuance of interim order
passed by the learned Single Judge, a saguvali chit has
already been issued on 27.01.2021.
4. We have considered the submissions and have
perused the record. It is not in dispute that the land in
question was granted to respondent on 17.03.1999. In
pursuance of the order passed by learned Single Judge,
the appellants herein have already issued a saguvali
chit on 27.01.2021 to the respondent No.1. Therefore,
WA No.81 of 2021
we do not find any ground to interfere with the order
passed by the learned Single Judge.
In the result, the appeal fails and is hereby
dismissed.
Consequently, the pending interlocutory
application is also dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RV
