Minor Irrigation And Ground Water ... vs Subhash S/O Anandappa Hubballi ...
2023 Latest Caselaw 2770 Kant

                                                        -1-
                                                                   WA No. 100213 of 2023




                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                      DATED THIS THE 1ST DAY OF JUNE, 2023

                                                    PRESENT
                                       THE HON'BLE MR JUSTICE S G PANDIT
                                                       AND
                                   THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                                   WRIT APPEAL NO. 100213 OF 2023 (GM-RES)

                            BETWEEN:


                            1.   THE EXECUTIVE ENGINEER,
                                 MINOR IRRIGATION AND GROUND WATER
                                 DEVELOPMENT DIVISION, VIJAYNAGAR,
                                 DISTRICT VIJAYPUR.

                            2.   THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL
                                 SECRETARY, DEPARTMENT OF MINOR IRRIGATION AND
                                 GROUND WATER DEVELOPMENT
                                 DIVISION, M S BUILDING, BENGALURU-01


VIJAYALAKSHMI
M KANKUPPI                                                                  ...APPELLANTS

Digitally signed by
                            (SRI. V.S.KALASURMATH, HCGP FOR APPELLANTS)
VIJAYALAKSHMI M
KANKUPPI
Location: High Court of
Karnataka, Dharwad          AND:
Date: 2023.06.03 10:51:26
+0530



                            1.   SUBHASH S/O ANANDAPPA HUBBALLI,
                                 AGE 48 YEARS, OCC AGRICULTURE,
                                 R/O BASAV NAGAR MAHALINGAPUR,
                                 TQ RABKAVI-BANAHATTI,
                                 DISTRICT BAGALKOT-587312

                            2.   RAJU S/O ANANDAPPA HUBBALLI,
                                 AGE 36 YEARS, OCC AGRICULTURE,
                                 R/O BASAVA NAGAR MAHALINGAPUR
                                 DISTRICT BAGALKOT 586101,
                                  -2-
                                            WA No. 100213 of 2023




    TQ. RABKAVI-BANAHATTI,



                                                     ...RESPONDENTS
(SRI. GIRISH A. YADWAD, ADVOCATE FOR R1 & R2)

      THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) CALL FOR
THE RECORDS IN W.P.NO.105814/2022 (S-RES) DATED 16.12.2022,
AND AFTER EXAMINING THE SAME.(B) QUASH THE IMPUGNED
ORDER DATED 16.12.2022 PASSED BY THE LEARNED SINGLE JUDGE
IN W.P.NO.105814/2022 (GM-RES).

      THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
S.G.PANDIT, J., DELIVERED THE FOLLOWING:



                             JUDGMENT

Heard Sri. V.S.Kalasurmath, learned HCGP for the

appellants and Sri. Girish A. Yadwad, learned counsel for

the respondent Nos.1 and 2. Perused the papers.

2. This writ appeal is filed under Section 4 of the

Karnataka High Court Act, 1961, questioning the

correctness and legality of the learned Single Judge order

dated 16.12.2022 in Writ Petition No.105814/2022,

wherein, learned Single Judge has directed the appellants

herein to consider the representation submitted by the

WA No. 100213 of 2023

petitioner on 25.10.2022 and to pass appropriate order in

accordance with law.

3. Learned Single Judge as an interim measure,

since there is a sugarcane crop raised by the petitioners,

permitted to repair the road which is situated on the

western boundary of R.S.No.43 at their own cost so as to

enable the transportation of the sugarcane by their land by

means of either a truck or a cart. Learned Single Judge

has also permitted to lay a pipe temporarily for the

purpose of enabling the transportation of the sugarcane.

4. Learned counsels from both sides submit that,

temporary road was formed and the petitioners have cut

and transported the sugarcane crop. The interim

arrangement which this Court has permitted vide order

dated 23.03.2023 would no longer survive.

5. Today, learned HCGP files memo dated

01.06.2023 enclosing a communication dated 27.01.2023,

wherein the petitioners are communicated that their

WA No. 100213 of 2023

request for formation of road on the Tank bund was

rejected as there was water storage in the lake of Belagali

village and in Survey No.43, and requested them to use

alternative roads. The said letter addressed to the

petitioners is placed on record.

6. In view of the order passed in pursuance to the

order of the learned Single Judge under challenge, the

challenge to the said order would no more survive.

7. Accordingly, the writ appeal stands disposed of,

as the same would not survive for consideration.

8. It is open for the petitioners to avail appropriate

remedy against the communication letter dated

27.01.2023.

Sd/-

JUDGE

Sd/-

JUDGE

SVH