Vishala Gramoudyaga Kaigarika ... vs The Deputy Commissioner
2023 Latest Caselaw 1840 Kant

                                                             -1-
                                                                        WA No. 100297 of 2021




                                   IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                        DATED THIS THE 14TH DAY OF MARCH, 2023

                                                         PRESENT
                                           THE HON'BLE MR JUSTICE R.DEVDAS
                                                            AND
                                         THE HON'BLE MR JUSTICE RAJESH RAI K
                                       WRIT APPEAL NO. 100297 OF 2021 (KLR-RES)
                              BETWEEN:
                              1.    VISHALA GRAMOUDYAGA KAIGARIKA SANGHA
                                    BANAVASI, TQ. SIRSI, DIST. UTTAR KANNADA,
                                    BY ITS SECRETARY SHRI RAJASHEKAR
                                    S/O BASAVANAPPA WADEYAR, AGED ABOUT 80 YEARS.

                                                                                   ...APPELLANT
                              (BY SRI. K B LOKANATH AND VIJAY S.CHINIVAR,ADVS.)

                              AND:

                              1.    THE DEPUTY COMMISSIONER
                                    UTTAR KANNADA DISTRICT, KARWAR 581301.

                              2.    THE ASSISTANT COMMISSIONER
                                    SIRSI SUB-DIVISION, SIRSI 581401,
           Digitally signed
           by BHARATHI
           HM
                                    UTTAR KANNADA DISTRICT.
           Location: High
BHARATHI Court of
HM       Karnataka,
           Dharwad
           Date:
           2023.03.16
           10:25:31 +0530     3.    THE TAHASILDAR
                                    SRISI TALUK, SIRSI 581401,
                                    UTTAR KANNADA DISTRICT.

                                                                                ...RESPONDENTS
                              (BY SRI.V.S.KALASURMATH, HCGP)

                                    THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
                              COURT ACT, 1961, PRAYING THIS COURT TO SET-ASIDE THE ORDER
                              OF THE LEARNED SINGLE JUDGE PASSED IN WRIT PETITION
                              NO.116786/2019 (KLR-RES) DTD.28.1.2021 AND ALLOW THE WRIT
                              PETITION BY QUASHING ANNEXURE-F, TO THE WRIT PETITION, IN
                              THE INTEREST OF JUSTICE.
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                                         WA No. 100297 of 2021




     THIS    APPEAL,    COMING      ON    FOR        PRELIMINARY
HEARING,     THIS      DAY,   R.DEVDAS         DELIVERED       THE
FOLLOWING:

                         JUDGMENT

R.DEVDAS J., (ORAL):

Learned HCGP takes notice for all the respondents.

2. The appellant-Society called in question an order of

cancellation of grant passed by the respondent-Deputy

Commissioner, Uttar Kannada District, Karwar on

30.07.2015. The grant admittedly pertains to 20 guntas

of land in Gramathana survey No.9999, Plot No.460 of

Banavasi village, said to have been made by the Deputy

Commissioner on 03.01.1979. The order of cancellation

dated 30.07.2015 was also challenged by the appellant-

Society before the Karnataka Appellate Tribunal in appeal

No.907/2015. The appeal was dismissed by the Tribunal

by order dated 24.06.2019 while holding that the material

available on record would clearly establish that the

appellant-Society is not the Society in who's favour grant

WA No. 100297 of 2021

was made. Admittedly, the grant was made in favour of

Banavasi Gramodyoga Sangha. There were two versions

falling from the material available on record that the

appellant-Society took over the said Banavasi Gramodyoga

Sangha and other version is that since, the said Sangha

was unable to repay the debts in favour of the Khadi

Mandali, the members of the appellant-Society came to

the rescue of Banavasi Gramodyoga Sangha and re-paid

the amount due and ensured that the property in question

is not brought for auction. It was also contended before

the Tribunal that the appellant-Society purchased the

property in an auction sale. All these contentions were

proved to be negative, since no material was placed by the

appellant-Society before the Tribunal. The learned single

judge has also dismissed the writ petition on the same

ground i.e. the appellant-Society is not a grantee and the

appellant-Society has no locus standi to question the order

of cancellation of grant passed by the Deputy

Commissioner.

WA No. 100297 of 2021

3. Though, the learned counsel for appellant seeks to

contend that Banavasi Gramodyoga Sangha was later re-

named as Vishala Gramodyoga Kaigarika Sangha,

however, no material is placed on record to substantiate

that contention. Based on the material available on record

and the contentions raised by the appellant-Society, this

Court is of considered opinion that no infirmity can be

found in the impugned order passed by the Karnataka

Administrative Tribunal and the learned Single Judge in

Writ petition No.116786/2019(KLR-RES).

Consequently, appeal stands dismissed.

All pending IA's are disposed off.

Sd/-

JUDGE

Sd/-

JUDGE

HMB