Karnataka High Court
Sri. C. Basavaraj S/O Late C Kotrappa vs Anjum Parwez on 18 December, 2023
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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WA No. 100548 of 2022
C/W CCC No. 100333 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO. 100548 OF 2022 (LB-RES)
C/W
CIVIL CONTEMPT PETITION NO. 100333 OF 2023
IN WA NO.100548 OF 2022:
BETWEEN:
1. A.P.REHMANSAB
S/O. DODDA KASEEM SAB,
AGE: 55 YEARS,
OCC: AGRICULTURIST,
R/O: HADAGALI ROAD,
5TH WARD, NEAR CANARA BANK
POST: ITTAGI, TQ: HUVINHADAGALI,
DIST: VIJAYANAGAR-583220.
2. A.P.KHAJASAB
S/O. DODDA KASEEM SAB,
Digitally signed
AGE: 52 YEARS,
by VINAYAKA B
V
OCC: AGRICULTURIST,
Date: R/O: HADAGALI ROAD,
2023.12.21
10:41:23 +0530 71/2 WARD, NEAR CANARA BANK,
POST: ITTAGI, TQ: HUVINHADAGALI,
DIST: VIJAYANAGAR-583220.
3. G. REVANNA
S/O. BANNIGOUDRA,
AGE: 55 YEARS,
OCC: AGRICULTURIST,
R/O: HOSPETH ROAD,
NEAR GRAMA PANCHAYAT OFFICE,
5 AND 6 WARD
POST: ITTAGI, TQ: HUVINHADAGALI,
DIST: VIJAYANAGAR-583220.
...APPELLANTS
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WA No. 100548 of 2022
C/W CCC No. 100333 of 2023
(BY SRI. S.V.YAJI, ADVOCATE)
AND:
1. C. BASAVARAJ
S/O. LATE KOTREPPA,
AGE: 58 YEARS,
OCC: BUSINESS,
R/O: NO.5, 6 WARD,
KUMBAR ONI, POST: KOTTUR,
TQ: KOTTUR, DIST: VIJAYANAGAR-583 134.
2. THE STATE OF KARNATAKA
DEPARTMENT OF PANCHAYATRAJ AND
RURAL DEVELOPMENT,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU-560001.
3. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, HOSAPETE,
DIST: VIJAYANAGAR -583101.
4. THE EXECUTIVE OFFICER
TALUK PANCHAYAT, HUVINHADAGALI
DIST: VIJAYANAGAR-583219.
5. THE PANCHAYAT DEVELOPMENT OFFICER
ITTAGI GRAM PANCHAYAT,
TQ: HUVINAHADAGALI,
DIST: VIJAYANAGAR -583 220.
...RESPONDENTS
(BY SRI.SHARANABASAVARAJ C.S., ADVOCATE FOR R1;
SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R2;
SRI.V.SHIVARAJ HIREMATH, ADVOCATE FOR R3 TO R5)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, SET-ASIDE
THE ORDER OF THE LEARNED SINGLE JUDGE DATED 24/11/2022
PASSED IN WP NO.104626/2022 (LB-RES) TO THIS WRIT APPEAL BY
ALLOWING THIS WRIT APPEAL.
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WA No. 100548 of 2022
C/W CCC No. 100333 of 2023
IN CCC NO.100333 OF 2023:
BETWEEN:
SRI. C. BASAVARAJ S/O. LATE C. KOTRAPPA,
AGE: 59 YEARS,
R/O: WARD NO. 5 AND 6,
KURUBAR ONI, KOTTURU,
VIJAYANAGAR DISTRICT-583134.
...COMPLAINANT
(BY SRI. SHARANABASAVARAJ.C.S., ADVOCATE)
AND:
1. ANJUM PARWEZ
PRINCIPAL SECRETARY,
DEPARTMENT OF PANCHAYAT RAJ AND
RURAL DEVELOPMENT,
VIDHANA SOUDHA,
BENGALURU-01.
2. SRI. SADASHIV PRABHU B.,
CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT,
VIJAYANAGAR,
HOSAPETE-583101.
3. SRI. PRAKASH NAIK
EXECUTIVE OFFICER,
TALUK PANCHAYAT, HUVINAHADAGALI,
DIST: VIJAYANAGAR-583219.
4. SRI. M. PRAKASH
PANCHAYAT DEVELOPMENT OFFICER,
ITTAGI GRAM PANCHAYAT,
ITAGI, TQ: HUVINAHADAGALI,
DIST: VIJAYANGARA-583220.
5. THE STATE OF KARNATAKA
ADVOCATE GENERAL OFFICE,
HIGH COURT, DHARWAD BENCH, DHARWAD.
...ACCUSED
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R5;
SRI.V.SHIVARAJ HIREMATH, ADVOCATE FOR R2 TO R4)
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WA No. 100548 of 2022
C/W CCC No. 100333 of 2023
THIS CONTEMPT PETITION IS FILED UNDER SECTION 11 AND
12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
CONSTITUTION OF INDIA, 1950, PLEASED TO PUNISH THE ACCUSED
FOR DISOBEYING THE ORDER DATED 24.11.2022 PASSED BY THE
LEARNED SINGLE JUDGE IN W.P.NO.104626/2022 AT ANNEXURE-A
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT APPEAL AND CONTEMPT PETITION COMING ON
FOR ADMISSION, THIS DAY, VIJAYKUMAR A.PATIL J., DELIVERED
THE FOLLOWING:
JUDGMENT
This intra-court appeal is filed by
Sri. A P. Rehamansab and others challenging the order dated
24.11.2022 passed in W.P No.104626/2022, wherein the
learned Single Judge has directed respondent No.5 herein,
Panchayat Development Officer, Ittagi Gram Panchayat, Ittagi,
to consider the request for release of sites and for issuance of
Form Nos.9 and 11 in respect of each of the sites within a
period of two weeks from the date of receipt of copy of the
order.
2. Being aggrieved by the order of learned Single
Judge, the present appeal is filed contending that respondent
No.1 by suppressing the vital part of filing of suit in O.S
No.134/2022 before the Civil Judge and JMFC, Huvinhadagali,
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has filed the writ petition and sought the relief. It is contended
that the very subject matter in the suit and writ petition are
one and the same, hence, there could not be any direction for
release of sites and issuance of Form Nos.9 and 11 in respect of
the property in question.
3. It is further contended that the appellants are in
possession of the disputed property and respondent No.1 in the
aforesaid suit has sought the prayer for declaration of the title
of the said property and injunction. It is also submitted that
respondent No.1 in the aforesaid plaint specifically pleaded that
the appellant had constructed the house and he has sought for
removal of the said house in the aforesaid suit.
4. Learned counsel Sri. V Shivaraj Hiremath for
respondent No.5 submits that he has filed the compliance
affidavit of PDO enclosing copy of the notification dated
08.12.2023 sent to respondent No.1, informing him the
consideration of the prayer as directed by learned Single Judge
and informed him to pay the necessary taxes to the property so
that they can take further steps for release of the sites and for
issuance of Form Nos.9 and 11.
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5. Learned counsel Sri. T. Basavana Gouda for
respondent No.1 submits that the order of the learned Single
Judge is only to the effect that the consideration of his
representation for the release of sites and for issuance of Form
Nos.9 and 11 and it is ultimately the authority which is required
to look into the papers and take necessary decision in the
matter. It is fairly submitted that there is dispute pending
between the appellants and respondent No.1 in
O.S No.134/2022 before the Civil Judge and JMFC,
Huvinhadagali, he seeks to dismiss the appeal.
6. Having heard the learned counsel for both the
parties and perused the material available on record, the
learned Single Judge of this Court has directed the 5th
respondent to consider the 1st respondent's representation
dated 19.05.2022 for release of sites and for issuance of Form
Nos.9 and 11 in respect of each of the sites and the said
consideration was within a period of two weeks.
7. On perusal of the order of learned Single Judge, it is
evident that the learned Single Judge has not issued in a
positive mandamus to the authority. It is the direction only to
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consider the representation dated 19.05.2022 in accordance
with law.
8. This Court is of the considered view that, still so far
the respondent No.5 has not taken any decision for the release
of sites and for issuance of Form Nos.9 and 11 as sought by
respondent No.1, be that it may, it is not in dispute that the
parties are agitating their rights before the Civil Court in
O.S No.134/2022 and admittedly without bringing the said fact
before the learned Single Judge, writ petition is filed and the
learned Single Judge has issued a direction to consider the
representation of respondent No.1. Respondent No.5 while
reconsidering the representation of respondent No.1 dated
19.05.2022 shall hear him afresh, in light of the observation
made above regarding the existence of Civil Suit which
admittedly was not brought to the notice of the Respondent
No.5, consider the objections of the appellants and also take
note of the pendency in O.S No.134/2022 and pass appropriate
decision in accordance with law.
9. Any opinion or observation made by the learned
Single Judge or this Court shall not come in the way of taking
decision by respondent No.5 on merits in accordance with law.
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10. With the above observations, writ appeal is
disposed off permitting the appellants to file their objections
before 5th respondent within a period of three weeks and
thereafter the 5th respondent shall consider 1st respondent's
representation dated 19.05.2022 in accordance with law afresh,
within a period of two months thereafter.
11. In view of the disposal of the writ appeal, CCC
No.100333/2023 is dropped.
Sd/-
JUDGE
Sd/-
JUDGE
PMP
CT:VH
