Karnataka High Court
Nitay S/O Gopal Babshet vs The State Of Karnataka on 19 December, 2023
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NC: 2023:KHC-D:14838
WP No. 107757 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 107757 OF 2023 (KLR-RR/SUR)
BETWEEN:
NITAY S/O. GOPAL BABSHET
AGE: 35 YEARS, OCC: BUSINESS,
R/O. PLOT NO.110, SHANTI NAGAR,
TILAKWADI, BELAGAVI-590006.
...PETITIONER
(BY SRI. VITTHAL S. TELI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY SECRETARY
DEPARTMENT OF SURVEY,
SETTLEMENT AND LAND RECORDS,
REVENUE BUILDING, K. R. CIRCLE,
NUNEGUNDLAPALLI, AMBEDKAR VEEDHI,
BENGALURU, KARNATAKA-560001.
2. THE DEPUTY COMMISSIONER,
Digitally signed
by
BELAGAVI, COURT COMPOUND,
MOHANKUMAR
MOHANKUMAR B SHELAR
B SHELAR
Date:
BELAGAVI-590001.
2023.12.20
16:18:49 +0530
3. THE TAHASHILDAR AND TALUKA EXECUTIVE
MAGISTRATE BELAGAVI- OLD CITY
CORPORATION OFFICE, SWAMI VIVEKANAND MARG,
RISALDAR GALLI, BELAGAVI, KARNATAKA-590001.
4. THE DEPUTY DIRECTOR OF LAND RECORD,
BELAGAVI, DC COMPOUND, BELAGAVI-590001.
5. THE ASSISTANT DIRTECTOR OF LAND RECORD,
BELAGAVI AND CITY SURVEY,
DC COMPOUND, BELAGAVI-590001.
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WP No. 107757 of 2023
6. THE CITY SURVEY OFFICER,
THE ASSISTANT DIRECTOR OF LAND
RECORD, BELAGAVI AND CITY SURVEY,
DC COMPOUND, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. PRAVEEN UPPAR, AGA FOR RESPONDENT NO. 1 TO 6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
THE NATURE OF DECLARATION OR ORDER DECLARING THAT THE RS
NO.120/1 MEASURING 33 GUNTHAS AND RS NO.120/3 MEASURING
1 ACRE 05 GUNTHAS OF BELAGAVI IS NON-AGRICULTURAL LAND IN
VIEW OF THE KARNATAKA GAZETTE NOTIFICATION DATED
06/03/2008 AS IS CAME WITHIN THE LIMITS OF CITY MUNICIPAL
CORPORATION, BELAGAVI VIDE ANNEXURE-C AND
REPRESENTATION DATED 12/12/2022 VIDE ANNEXURE-E BY FIXING
TIME LIMIT AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER
WRIT QUASHING THE ENDORSEMENT DATED 27/06/2023 BEARING
NO CTS/VII/MUT/SR-694/2022-23 AND CTS/VII/MUT/CR 697/2022-
23 ISSUED BY THE RESPONDENT NO.5 VIDE ANNEXURE-'F' AND 'G'
AND ISSUE A WRIT IN NATURE OF MANDAMUS OR DIRECTION
DIRECTING THE RESPONDENT NO 5 AND 6 TO OPEN/PREPARE
ENQUIRY REGISTER SHOWING THE DETAILS I.E. CTS (CITY SURVEY
NUMBER) NO. CTS MAP AS PER FORM NO 13, (MORE PARTICULARLY
CTS MAP) AND MUTATE/ENTIRE THE NAME OF THE PETITIONERS IN
CONCERNED CTS NO 1594/1 RECORDS OF BELAGAVI AS PER RULE
83 AND RULE 87 OF THE KARNATAKA LAND REVENUE RULES 1966 IN
RESPECT OF THE RS NO 120/1 MEASURING 33 GUNTHAS AND RS NO
120/3 MEASURING 1 ACRE 05 GUNTHAS OF BELAGAVI VIDE
ANNEXURE-C BY FIXING TIME LIMIT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 107757 of 2023
ORDER
Learned HCGP accepts notice for the respondents.
2. Learned counsel for the petitioner submits that
issue involved in this case is covered by judgment of this
court in W.P.No.103775/2023 decided on 18.11.2023.
3. Learned HCGP does not dispute the submission.
4. After considering the records placed before this
court, this court is of the view that issue is squarely
covered in terms of the judgment cited supra.
guntas and R.S.No.120/3 measuring 1 acre 5 guntas of
Belagavi should be deemed to be non-agricultural land and
a direction is issued to respondents No.5 and 6 to make
necessary entries in the property records pertaining to the
said lands as required under the provisions of the
Karnataka Land Revenue Rules. The petitioner's name
NC: 2023:KHC-D:14838
shall be entered in the said records within an outer limit of
8 months from the date of receipt of copy of this order.
6. With these observations, the writ petition is
allowed.
Sd/-
JUDGE
MBS
