Karnataka High Court
Balachandra S/O Neelakanthppa ... vs The State Of Karnataka on 23 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
-1-
NC: 2023:KHC-D:9363-DB
WA No. 100123 of 2021
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 23RD DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO. 100123 OF 2021 (KLR-RR/SUR)
BETWEEN:
BALACHANDRA S/O.NEELAKANTHAPPA DAIVAJNA,
AGED ABOUT 64 YEARS, OCC. AGRICULTURE,
R/O. KAREKYATANAHALLI VILLAGE,
HANAGAL TALUK, HAVERI DISTRICT,
PIN-581120
....APPELLANT
(BY SRI PRAKASH R.BADIGER, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU-560001
ROHAN
HADIMANI
T 2. THE LAND TRIBUNAL (PERMANENT)
Digitally signed
HANAGAL, HAVERI DISTRICT,
by ROHAN
HADIMANI T
Date:
R/BY ITS PRESIDENT, PIN-581104.
2023.08.26
14:02:34 -0700
3. FAKKIRAPPA SON OF NAGAPPA THIMMAPUR
AGED ABOUT 65 YEARS, OCC. AGRICULTURE,
R/O. BYAGWADI, TQ. HANGAL,
DIST. HAVERI, PIN-581104.
4. SHEKAPPA SON OF NAGAPPA THIMMAPUR,
AGED ABOUT 62 YEARS, OCC. AGRICULTURE,
-2-
NC: 2023:KHC-D:9363-DB
WA No. 100123 of 2021
R/O. BYAGWADI, TQ. HANGAL,
DIST. HAVERI, PIN-581104
5. MALLAPPA SON OF NAGAPPA THIMMAPUR
AGED ABOUT 60 YEARS, OCC. AGRICULTURE,
R/O. BYAGWADI, TQ. HANGAL,
DIST. HAVERI, PIN-581104
...RESPONDENTS
(BY SRI G.K.HIREGOUDAR, GOVT. ADVOCATE FOR
RESPONDENT NOS.1 AND 2)
(BY SRI K.S.PATIL, ADVOCATE FOR RESPONDENT NOS.3 TO 5)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO SET ASIDE THE FINDING OF
THE LEARNED SINGLE JUDGE TO DECLINED TO GRANT AN
INTERIM RELIEF ON ORDER DATED 29/01/2021 PASSED BY
THE RESPONDENT NO.2 LAND TRIBUNAL (PERMANENT),
HANAGAL IN CASE NO.LRM/SR/R.69/20, PRODUCED AT
ANNEXURE-E IN WRIT PETITION NO.101895/2021 PENDING
ON THE FILE OF LEARNED SINGLE JUDGE OF THIS HON'BLE
COURT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This intra Court appeal is directed against the
impugned order dated 05.05.2021 passed in Writ Petition
No.101895/2021, whereby the learned Single Judge
declined to grant the interim relief of stay of the order
NC: 2023:KHC-D:9363-DB
WA No. 100123 of 2021
dated 29.01.2021 passed by the Land Tribunal pending
disposal of the petition.
2. Heard the learned counsel for appellant/petitioner
and learned counsel for respondents and perused the
material on record.
3. The material on record discloses that there are
several contentious issues and disputed questions of law
and fact that arise for consideration in the writ petition,
which is presently pending adjudication before the learned
Single Judge. Under these circumstances, without
expressing any opinion on the merits and de-merits of the
rival contentions, we deem it just and appropriate to
dispose of this appeal with a request to the learned Single
Judge to dispose of the petition in accordance with law and
by leaving open all contentions to be decided in the writ
petition.
4. It is further directed that till disposal of the Writ
Petition No.101895/2021 as stated supra, all parties shall
NC: 2023:KHC-D:9363-DB
WA No. 100123 of 2021
maintain status quo as on today in all respects in relation
to the subject land.
All rival contentions are kept open to be decided in
the writ petition and no opinion is expressed on the same.
SD
JUDGE
SD
JUDGE
CKK
