Karnataka High Court
Gopal S/O Mahadev Sutar vs The Assistant Commissioner on 29 October, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
-1-
NC: 2024:KHC-D:15789-DB
WA No. 100664 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH 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. 100664 OF 2023 (KLR-LG)
BETWEEN:
1. GOPAL S/O. MAHADEV SUTAR,
AGE 72 YEARS, OCC. AGRICULTURE,
R/O. BHAT GALLI, KHANAPUR, DIST. BELAGAVI 590011.
2. SHRI. SHETEVEPPA MAHADEV SUTAR,
AGE 71 YEARS, OCC. AGRICULTURE,
R/O. BHAT GALLI, KHANAPUR, DIST. BELAGAVI 590011.
...APPELLANTS
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER,
TQ. KHANAPUR, DIST. BELAGAVI.
Digitally
signed by 2. SHRI. RAMRAO GANPATRAO DESAI @ SARDESAI,
JAGADISH T
R AGE 85 YEARS, OCC. AGRICUTLURE,
Location: R/O. 217/7, DR. R.K.MARG, 3RD CROSS,
High Court
of PRATHAMESH RESIDENCY, B-2, HINDWADI,
Karnataka,
Dharwad TQ AND DIST. BELAGAVI 590011.
Bench ...RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1;
SRI. SHREEVATSA S. HEGDE, ADV. FOR R2)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO CALL FOR THE RECORDS IN
W.P.NO.105116/2022 ON THE FILE OF THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT AND SET ASIDE THE FINAL ORDER DATED
04/09/2023 MADE IN THE ABOVE WRIT PETITION PASSED BY THE
LEARNED SINGLE JUDGE OF THIS HON'BLE COURT BY ALLOWING
THE W.P.NO.105116/2022 AS PRAYED FOR THEREIN IN THE
INTEREST OF JUSTICE AND EQUITY.
-2-
NC: 2024:KHC-D:15789-DB
WA No. 100664 of 2023
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, 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
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
This appeal is filed by the tenant challenging the
order dated 04.09.2023 passed by the learned Single
Judge in W.P.No.105116/2022, whereby, the writ petition
filed by the petitioner/land lord is allowed and set aside
the order passed by the Assistant Commissioner under
Section 77(A) of the Karnataka Land Reforms Act, 1961.
2. Sri. Jagadish Patil, the learned counsel
appearing for the appellant-tenant has contended that the
learned Single Judge has set aside the order passed by the
Assistant Commissioner on the ground that the order is
passed against the dead person, but Court has not
remanded the matter back to the Tribunal for fresh
consideration.
NC: 2024:KHC-D:15789-DB
3. The only ground on which the writ petition is
allowed that the father of the petitioner who claims to be
land lord of the land in dispute was died on 25.11.1966.
Without impleading his legal representatives i.e.,
petitioner as a party, the impugned order is passed
against the dead person. The learned Single Judge has
rightly quashed the said order dated 04.07.2007 passed
by the Assistant Commissioner. The Learned Single Judge
has not remitted back the matter to the competent
authority for re-consideration of the matter afresh.
4. Under these circumstances, we are of the
opinion that the order passed by the learned Single Judge
has to be modified to the effect that quashing of the order
dated 04.07.2007 passed by the Assistant Commissioner
is confirmed. Matter is remitted back to the Assistant
Commissioner to re-consider the application filed by the
appellant/tenant under Form No.7(A) of the Act after
impleading all necessary parties in accordant with law.
NC: 2024:KHC-D:15789-DB
5. The Assistant Commissioner is directed to
dispose off the application filed under Form No.7(A) as
expeditiously as possible.
6. Accordingly, writ appeal is disposed off.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
SMM/ct-an
