Sharanamma W/O Laxmappa Dasar vs The Panchayat Development Officer ...
2024 Latest Caselaw 3104 Kant

Karnataka High Court

Sharanamma W/O Laxmappa Dasar vs The Panchayat Development Officer ... on 1 February, 2024

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                                               NC: 2024:KHC-D:2297
                                                RSA No. 101543 of 2022




                         IN THE HIGH COURT OF KARNATAKA,
                                 DHARWAD BENCH

                    DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                      BEFORE

                        THE HON'BLE MR JUSTICE R.NATARAJ

                   REGULAR SECOND APPEAL NO.101543/2022(DEC)

            BETWEEN:

            SHARANAMMA W/O. LAXMAPPA DASAR,
            AGE: 52 YEARS, OCC: HOMEMAKER,
            R/O: BENNIHALLI -582 118,
            TQ: MUNDARGI, DIST: GADAG.
                                                            ...APPELLANT
            (BY SRI C.S. SHETTAR, ADVOCATE)

            AND:

            1.   THE PANCHAYAT DEVELOPMENT OFFICER (PDO),
                 GRAM PANCHAYAT KORLAHALLI,
                 R/O: KORLAHALLI - 582 118,
                 TQ.:MUNDARGI, DIST: GADAG.

            2.   THE TALUKA EXECUTIVE OFFICER,
                 TALUK PANCHAYAT MUNDARGI,
                 MUNDARGI - 582 118, DIST: GADAG.
Digitally
signed by
ROHAN       3.   THE ASSISTANT EXECUTIVE OFFICER,
HADIMANI
T                ZILLA PANCHAYAT GADAG,
                 GADAG - 582 101.

            4.   THE TAHASILDAR, TAHASILDAR OFFICE,
                 MUNDARGI - 582 118, TQ: MUNDARGI,
                 DIST: GADAG.

            5.   THE DISTRICT COMMISSIONER (DC),
                 D. C. OFFICE, GADAG,
                 GADAG - 582 101
                                                        ...RESPONDENTS

            (BY SRI LAXMAN T. MANTAGANI, ADVOCATE FOR RESPONDENT
            NO.1;
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                                         NC: 2024:KHC-D:2297
                                           RSA No. 101543 of 2022




RESPONDENT NOS.2 AND 3 ARE SERVED;
SRI PRAVEEN DEVAREDDIYAVAR, HIGH              COURT    GOVERNMENT
PLEADER FOR RESPONDENT NOS.4 AND 5)

        THIS RSA IS FILED UNDER SECTION 100 READ WITH ORDER

XLII RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO

ADMIT THE APPEAL AND CALL FOR RECORDS OF THE COURTS

BELOW        AND ALLOW THE APPEAL SETTING ASIDE THE JUDGMENT

AND DECREE PASSED IN R.A NO.51/2018 DATED 18.08.2022

PASSED BY THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE

FIRST CLASS, LAXMESHWAR, SITTING AT MUNDARGI AND THE

JUDGMENT AND DECREE PASSED BY LEARNED CIVIL JUDGE AND

JMFC, MUNDARGI IN O.S NO.37/2017 DATED 20.03.2018 AND ETC.,


        THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE

COURT MADE THE FOLLOWING:


                               ORDER

Learned counsel for the appellant has filed a memo to

withdraw the suit as well as the first appeal and this appeal and

seeks liberty to approach the respondent authorities in

appropriate proceedings.

2. In view of the memo filed, this appeal is dismissed

as withdrawn. However, in view of the relief sought for in the

suit, liberty is reserved to the appellant to approach the

NC: 2024:KHC-D:2297

competent authorities for appropriate relief. Time consumed in

pursuing proceedings before the Trial Court and the First

Appellate Court and this Court is enlarged for the purpose of

considering the application filed by the appellant under Section

94B of the Karnataka Land Revenue Act, 1964.

3. The pending interlocutory application stands

disposed off.

SD/-

JUDGE

SMA

CT-ASC