Karnataka High Court
Shivanand vs The State Of Karnataka And Ors on 2 April, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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WA No.200042 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT APPEAL NO.200042 OF 2024 (KLR-RES)
BETWEEN:
SHIVANAND
S/O SHANKREPPA SAJJAN
AGE: 67 YEARS
OCC: AGRICULTURE
R/O HAGARAGUNDAGI
TQ: & DIST: KALABURAGI - 585 102.
...APPELLANT
(BY SRI B.BHIMASHANKAR, ADVOCATE)
Digitally signed by
BASALINGAPPA
SHIVARAJ
DHUTTARGAON AND:
Location: High Court
Of Karnataka
1. THE STATE OF KARNATAKA
THROUGH ITS
PRINCIPAL SECRETARY REVENUE
VIDHANA SOUDHA
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER
KALABURAGI
DISTRICT KALABURAGI - 585 102.
3. THE TAHASILDAR KALABURAGI
TQ: AND DIST: KALABURAGI - 585 102.
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WA No.200042 of 2024
4. THE ASSISTANT DIRECTOR OF LAND RECORDS
KALABURAGI,
TQ: AND DIST: KALABURAGI - 585 102.
5. SRI SHARANAPPA
S/O SOMASHEKAR NANDYAL
AGE: 61 YEARS
OCC: SERVICE
& AGRICULTURE
R/O HAGARAGUNDAGI
TQ: AND DIST: KALABURAGI - 585 102.
6. SRI MALLIKARJUN
S/O SOMASHEKAR NANDYAL
AGE: 48 YEARS
OCC: SERVICE
& AGRICULTURE
R/O HAGARAGUNDAGI
TQ: AND DIST: KALABURAGI - 585 102.
7. SRI OMPRAKASH
S/O SOMASHEKAR NANDYAL
AGE: 35 YEARS
CC: SERVICE
& AGRICULTURE
R/O HAGARAGUNDAGI
TQ: AND DIST: KALABURAGI - 585 102.
8. SRI PADMARAJ
S/O SOMASHEKAR NANDYAL
AGE: 53 YEARS
OCC: SERVICE
& AGRICULTURE
R/O HAGARAGUNDAGI
TQ: AND DIST: KALABURAGI - 585 102.
...RESPONDENTS
(BY SRI MALLIKARJUN C. BASAREDDY, GOVT. ADV., FOR R1 TO
R4)
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WA No.200042 of 2024
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE
IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE
DATED 17TH DAY JANUARY 2024 IN WRIT PETITION
NO.202859/2022, CONSEQUENTLY DISMISS THE WRIT
PETITION NO.202859/2022 TO MEET THE ENDS OF JUSTICE
AND ETC.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY
H.T.NARENDRA PRASAD J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is directed against the final order dated
17.01.2024 passed by the learned Single Judge in
W.P.No.202859/2022 whereby the writ petition filed by
respondent No.5 herein came to be allowed quashing the
notice dated 16.09.2022 issued by the Thasildar,
Kalaburagi.
2. Brief facts of the case are that, the 5th
respondent herein has filed a writ petition challenging the
notice dated 16.09.2022, issued by the Thasildar asking
the 5th respondent to appear before the Thasildar with the
records in respect of closing of the road in Sy.No.26. The
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learned Single Judge allowed the said writ petition and
consequently quashed the impugned notice dated
16.09.2022 on the ground that as per the report of
Revenue Inspector, there is no road existing as per the
village map and when once the road which is in dispute is
not in the village map, the revenue authority has no power
to issue such notice. The only grievance of the appellant
is that there is no dispute regarding the road in dispute is
not shown in the village map, but there is a road existing
and the appellants are using that road from time in
memorial. Under these circumstances, in view of the
finding of the learned Single Judge that there is no road in
existence in Sy.No.26 will affect the rights of the appellant
in approaching the Civil Court for easmentary right.
3. In the light of the above circumstances, the
above appeal is disposed of reserving liberty to the
appellant to approach the Civil Court, if law permits, and it
is made clear that any observation made by the learned
Single Judge in the order dated 17.01.2024 will not come
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in the way of appellant to work out his remedy in
appropriate Legal Forum.
Sd/-
JUDGE
Sd/-
JUDGE
BL
