Karnataka High Court
Smt. Kallubai W/O Late Kallappa Huddar ... vs The State Of Karnataka on 4 October, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC-D:14852
WP No. 104232 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 104232 OF 2024 (KLR-RES)
BETWEEN:
SMT. KALLUBAI W/O. LATE KALLAPPA HUDDAR
URF BASARIKATTI,
SINCE DECEASED BY HER LR'S.
CHALOBA S/O. KALLAPPA HUDDAR URF BASARIKATTI,
SINCE DECEASED BY HIS LR'S.
1. SMT. LAXMI
W/O. LATE CHALOBA HUDDAR URF BASARIKATTI,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O. #464, VITHAL GALLI, SHASTRI NAGAR,
KANGRALI B.K.-590010, BELAGAVI,
TQ: AND DIST: BELAGAVI.
2. SMT. PRABHAVATI
W/O. ANIL MAJUKAR,
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O. DEVARWADI, SHINOLI KHURD,
CHANDGAD-416507, TQ: CHANDGAD,
DIST: KOLHAPUR, STATE: MAHARASHTRA.
MANJANNA
E 3. SOMANATH
Digitally signed by
MANJANNA E
S/O. LATE CHALOBA HUDDAR URF BASARIKATTI,
Location: High Court of
Karnataka Dharwad
Date: 2024.10.07
AGE: 28 YEARS, OCC: AGRICULTURE,
10:17:59 +0530
R/O. #464, VITHAL GALLI, SHASTRI NAGAR,
KANGRALI B.K.-590010, BELAGAVI,
TQ: AND DIST: BELAGAVI.
4. SMT. DEEPA
W/O. DEEPAK GOUNDAWADKAR,
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O. #129, MARAGAI GALLI
KALLEHOL-591128, BELAGAVI,
TQ: AND DIST: BELAGAVI.
5. KALLAPPA
S/O. LATE CHALOBA HUDDAR URF BASARIKATTI,
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NC: 2024:KHC-D:14852
WP No. 104232 of 2024
AGE: 31 YEARS, OCC: AGRICULTURE,
R/O. #464, VITHAL GALLI, SHASTRI NAGAR,
KANGRALI B.K.-590010, BELAGAVI,
TQ: AND DIST: BELAGAVI.
- PETITIONERS
(BY SRI. PRUTHVI K.S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE DEPUTY COMMISSIONER,
BELAGAVI-590001, TQ AND DIST: BELAGAVI.
3. THE TAHASILDAR,
BELAGAVI-590001, TQ AND DIST: BELAGAVI.
4. THE ASSISTANT COMMISSIONER,
BELAGAVI-590001, TQ AND DIST: BELAGAVI.
- RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCGP FOR R1-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
ENTIRE PROCEEDINGS INITIATED BY SPL. DEPUTY COMMISSIONER,
BELAGAVI DECLARING THAT THE PETITIONERS ARE HOLDING THE
EXCESS VACANT LAND TO AN EXTENT OF LAND BEARING SVY
NO.88/11 MEASURING TO AN EXTENT OF 1 ACRE 8 GUNTAS
SITUATED AT KANGRALI.B.K., VILLAGE, BELAGAVI, TALUK AND
DIST: BELAGAVI STANDS ABATED; DIRECT THE RESPONDENT NO.2
TO 4 TO DELETE THE NAME OF THE GOVERNMENT IN THE REVENUE
RECORDS IN RESPECT OF LAND BEARING SVY NO.88/11
MEASURING TO AN EXTENT OF 1 ACRE 8 GUNTAS SITUATED AT
KANGRALI.B.K., VILLAGE, TALUK AND DIST: BELAGAVI AND
FURTHER RESTORE THE NAME OF THE PETITIONERS IN THE
OWNER'S AND POSSESSION COLUMN AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
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NC: 2024:KHC-D:14852
WP No. 104232 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
Learned counsel appearing for the petitioner and the
learned HCGP for the respondent would in unison submit
that the issue in the lis stands answered by a judgment
rendered by the Co-ordinate bench of this Court in W.P.
No. 107862/2023 dated 03.01.2024. The co-ordinate
bench has held as follows:
"29. This Court in W.P. No. 103654/2017 disposed of on
09.04.2021, W.P. No. 61621/2009 disposed of on
04.09.2019, W.P. No. 108986/2017 disposed of on
16.09.2021, W.P. No. 100495/2015 c/w W.P. No.
102484/2015, disposed of on 05.10.2021, and W.P. No.
63674/20911 disposed of on 02.11.2011, has held that
the proceedings stands abated since lawful possession of
the land which has been declared as excess land has not
been taken by the competent authority as declared by
Section 10(6) of the 1976 Act. The State Government
has implemented the similar orders passed by this Court
in various writ petitions. Following the same, this Court is
also of the opinion that the impugned proceedings
bearing No. ULC. D/SR 2976 dated 10.09.1985 and
bearing No. ULC/M.9-85-86 dated 24.09.1985 declaring
NC: 2024:KHC-D:14852
that the petitioners are holding excess land to an extent
of 1 acre 8 guntas stands abated."
For the reasons so rendered by the Co-ordinate
bench supra, the subject petition also deserves to
succeed. Therefore, the following:
ORDER
(i) Writ petition is disposed off;
(ii) It is declared that the proceedings initiated by
the Special Deputy Commissioner, Belagavi
declaring that the declarant is holding excess
land to an extent of 1 acre 8 guntas guntas in
land bearing Sy. No. 88/11 of Kangrali B.K.
Village, Taluk and District Belagavi, stands
abated.
Sd/-
(M.NAGAPRASANNA)
JUDGE
BVV
CT-MCK
