Karnataka High Court
Ramchandra S/O. Sattu Pol vs The Deputy Commissioner on 7 December, 2023
Bench: Chief Justice, Krishna S.Dixit
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NC: 2023:KHC-D:14315-DB
WA No. 100026 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR. PRASANNA B VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
WRIT APPEAL NO. 100026 OF 2023 (KLR-RES)
BETWEEN:
RAMCHANDRA S/O. SATTU POL
AGE. 79 YEARS, OCC. AGRICULTURE,
R/O. DHUPADAL, TQ. GOKAK,
DIST. BELAGAVI-591306.
... APPELLANT
(BY SRI. DINESH M. KULKARNI, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT, BELAGAVI.
2. THE ASSISTANT COMMISSIONER,
BAILHONGAL SUB-DIVISION, BAILHONGAL,
DISTRICT BELAGAVI.
3. THE TAHASILDAR,
GOKAK TALUK, GOKAK,
Digitally
signed by
DISTRICT BELAGAVI.
VINAYAKA
VINAYAKA B V
BV Date:
2023.12.11
11:46:26 4. TANAJI S/O. GOVIND KOLI,
+0530
AGE. 48 YEARS, OCC. AGRICULTURE,
R/O. DHUPADAL, TQ. GOKAK,
DIST. BELAGAVI-591306.
5. RAMESH S/O. GOVIND KOLI,
AGE. 42 YEARS, OCC. AGRICULTURE,
R/O. DHUPADAL, TQ. GOKAK,
DIST. BELAGAVI-591306.
6. SAHADEV S/O. MARUTI KOLI,
AGE. 56 YEARS, OCC. AGRICULTURE,
R/O. DHUPADAL, TQ. GOKAK,
DIST. BELAGAVI-591306.
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NC: 2023:KHC-D:14315-DB
WA No. 100026 of 2023
7. MAHADEV S/O. SHETVAJI KOLI,
AGE. 54 YEARS, OCC. AGRICULTURE,
R/O. DHUPADAL, TQ. GOKAK,
DIST. BELAGAVI-591306.
8. ASHOK S/O MAHADEV KOLI,
AGE. 46 YEARS, OCC. AGRICULTURE,
R/O. DHUPADAL, TQ. GOKAK,
DIST. BELAGAVI-591306.
9. GANESH S/O SHANKAR KOLI,
AGE. 44 YEARS, OCC. AGRICULTURE,
R/O. DHUPADAL, TQ. GOKAK,
DIST. BELAGAVI-591306.
10. SHANKAR S/O MARUTI KOLI,
AGE. 66 YEARS, OCC. AGRICULTURE,
R/O. DHUPADAL, TQ. GOKAK,
DIST. BELAGAVI-591306.
11. SMT. HIRABAI W/O VITHAL KOLI,
AGE. 66 YEARS, OCC. HOUSEHOLD,
R/O. DHUPADAL, TQ. GOKAK,
DIST. BELAGAVI-591306.
12. DANAJI S/O VITHAL KOLI,
AGE. 46 YEARS, OCC. AGRICULTURE,
R/O. DHUPADAL, TQ. GOKAK,
DIST. BELAGAVI-591306.
13. MARUTI S/O VITHAL KOLI,
AGE. 34 YEARS, OCC. AGRICULTURE,
R/O. DHUPADAL, TQ. GOKAK,
DIST. BELAGAVI-591306.
... RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR R1-R3,
SRI. A.S. PATIL, ADVOCATE FOR C/R4-R13)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO SET-ASIDE
THE ORDER/JUDGMENT DATED 09/11/2022, PASSED BY THE
LEARNED SINGLE JUDGE IN W.P.NO.102095/2016 AND DISMISS THE
WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2023:KHC-D:14315-DB
WA No. 100026 of 2023
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, KRISHNA S.DIXIT J., DELIVERED THE FOLLOWING:
JUDGMENT
The short grievance of the appellant is against the
learned Single Judge's order dated 09.11.2022 in W.P. No.
102095/2016 which according to him forecloseS the very
enquiry itself. The counsel for the appellant submits that the
enquiry needs to be held as to the identity of GRANTED lands in
question and therefore to that extent the order of the learned
Single Judge is unsustainable.
2. Learned AGA appearing for the official respondents and
the learned counsel appearing for the private respondents
although initially opposed the appeal, would now graciously
agree that there should be a remand of the matter to the portal
of Deputy Commissioner so that an enquiry of the kind with the
participation of all stakeholders would be held.
3. In view of the above, this appeal is allowed in part; the
impugned order is set at naught; the writ petition having been
partly favoured, the matter is remitted to the Deputy
Commissioner for consideration afresh in accordance with law
NC: 2023:KHC-D:14315-DB
and after notice to all the stakeholders. This enquiry to be
completed within a period of four months. All contentions of
parties are kept open.
4. The parties are directed to maintain status quo with
regard to possession subject to outcome of the enquiry
proceedings.
Costs made easy.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
BVV
