Karnataka High Court
Parameshwarappa S/O Karabasappa ... vs Ningappa S/O Bheerappa Purad on 24 October, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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WA No. 100489 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF OCTOBER 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
WRIT APPEAL NO.100489 OF 2023
BETWEEN:
1. PARAMESHWARAPPA S/O. KARABASAPPA SANADI
AGED ABOUT 52 YEARS,
R/AT. NEGALUR, HAVERI TALUK,
HAVERI DISTRICT-581 110.
2. NAGARAJA S/O. KARABASAPPA SANADI
AGED ABOUT 47 YEARS,
R/AT. NEGALUR, HAVERI TALUK,
HAVERI DISTRICT-581 110.
3. SMT. PUTTAVVA S/O. KARABASAPPA SANADI
AGED ABOUT 67 YEARS,
R/AT. NEGALUR, HAVERI TALUK,
HAVERI DISTRICT-581 110.
4. ARUN S/O. KARABASAPPA SANADI
Digitally signed
by MANJANNA E
AGED ABOUT 43 YEARS,
Location: HIGH R/AT. NEGALUR, HAVERI TALUK,
COURT OF
KARNATAKA HAVERI DISTRICT-581 110.
DHARWAD
BENCH
Date: 2024.10.26
10:33:35 +0530
5. MANJUNATHA S/O. KARABASAPPA SANADI
AGED ABOUT 40 YEARS,
R/AT. NEGALUR, HAVERI TALUK,
HAVERI DISTRICT-581 110.
...APPELLANTS
(BY SMT.V.VIDYA, ADVOCATE)
AND:
1. NINGAPPA S/O. BHEERAPPA PURAD
AGED ABOUT 57 YEARS,
R/AT. NEGALUR, HAVERI TALUK,
HAVERI DISTRICT-581 110.
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WA No. 100489 of 2023
2. THE DEPUTY COMMISSIONER
HAVERI DISTRICT, HAVERI-581 110.
3. THE ASSISTANT COMMISIONER
HAVERI SUB-DIVISION,
HAVERI DISTRICT-581 110.
4. THE TAHSILDAR
HAVERI TALUK,
HAVERI DISTRICT-581 110.
5. SUB-REGISTRAR
HAVERI TALUK,
HAVERI DISTRICT-581 110.
6. GURUKUMARASWAMY
S/O. GURUSWAMY GADDAGI MATH,
AGED ABOUT 62 YEARS,
R/AT. NEGALUR, HAVERI TALUK,
HAVERI DISTRICT-581 110.
7. THE KARNATAKA STATE COMMISSIONER
FOR THE SCHEDULED CAST AND SCHEDULE TRIBE,
REP. BY ITS CHAIRMAN,
NRUPATHUNGA ROAD, BENGALURU-560 009.
...RESPONDENTS
(BY SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR R1;
SRI. G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R2 TO R5;
NOTICE TO R6 IS DISPENSED WITH VIDE COURT ORDER DTD.
24.10.2024;
R7 SERVED)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO, SET-ASIDE
THE JUDGMENT AND ORDER PASSED BY THE LEARNED SINGLE
JUDGE IN W.P.NO.101257/2016 (SC-ST) DATED 26.07.2023, ALLOW
THIS WRIT APPEAL AND GRANT SUCH OTHER RELIEFS AS THIS
HON'BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF
THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
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WA No. 100489 of 2023
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
This appeal is filed by the legal representatives of the
original grantee challenging the order dated 26.07.2023
passed by the learned Single Judge in Writ Petition
No.101257/2016 whereby the writ petition filed by the
purchaser has been allowed.
acres 22 guntas was originally granted in favour of one
Sanganabasappa s/o Ujjappa Sanadi by State Government
on 14.04.1964. By violating the land grant condition, the
legal representatives of the original grantee sold the land by
registered sale deed dated 12.04.1978 to an extent of 4
acres 22 guntas. After the Karnataka Scheduled Castes and
Scheduled Tribes (Prevention of Transfer of Certain Lands)
Act, 1978 (hereinafter referred to as "the PTCL Act", for
short) came into force, the legal representatives of the
original grantee filed an application for resumption of the
land under Section 5 of the PTCL Act. The Assistant
Commissioner by order dated 25.11.2015 has allowed the
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application and directed to restore the land measuring 4
acres 22 guntas in favour of legal representatives of the
original grantee.
3. Being aggrieved by the same, the purchaser
has filed an appeal before the Deputy Commissioner. The
Deputy Commissioner by order dated 07.01.2016 has
confirmed the same. Being aggrieved by the orders passed
by the Assistant Commissioner and the Deputy
Commissioner, respondent No.1-purchaser has filed writ
petition before this Court in W.P.No.101257/2016. This
Court by order dated 26.07.2023 has allowed the said writ
petition and set aside the order passed by the Assistant
Commissioner and the Deputy Commissioner. Being
aggrieved by the same, the legal representatives of the
original grantee have filed this appeal.
4. During the pendency of this appeal, the parties
have settled the matter and have filed a joint memo dated
23.10.2024 signed by all the parties and the first
respondent has agreed to withdraw the writ petition.
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5. In view of the above, the appeal is allowed. The
order dated 26.07.2023 passed by the learned Single
Judge in W.P.No.101257/2016, is set aside. The writ
petition filed by the respondent No.1 is dismissed as
withdrawn.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
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