Karnataka High Court
Beerappa S/O. Parasappa Dolli vs The Gram Panchayat, Kannoli on 5 September, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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NC: 2024:KHC-D:12831-DB
WA No. 100397 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO. 100397 OF 2024 (LB-RES)
BETWEEN:
BEERAPPA S/O. PARASAPPA DOLLI,
AGE. 50 YEARS, OCC. BUSINESS, R/O. KANNOLLI,
TQ. JAMKHANDI, DIST. BAGALKOT-587330.
...APPELLANT
(BY SRI. GIRISH A. YADAWAD, ADVOCATE)
AND:
1. THE GRAM PANCHAYAT, KANNOLLI,
R/BY. ITS PDO, KANNOLLI,
TQ. JAMKHANDI, DIST. BAGALKOT-587330.
2. THE POLICE SUB-INSPECTOR,
SAVALAGI RURAL POLICE STATION, SALAVALAGI,
TQ. JAMKHANDI,DIST. BAGALKOT-587330.
Digitally signed by
JAGADISH T R ...RESPONDENTS
Location: High
Court Of (BY SRI. V. S. KALASURMATH, HCGP FOR RESPONDENT)
Karnataka,
Dharwad Bench
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER
DATED 31.08.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP
NO.103539/2024 (LB-RES), AND ALLOW THE SAID WRIT PETITION
AS PRAYED FOR AND ALTERNATIVELY, PERMIT THE APPELLANT TO
SUBMIT A REPRESENTATION TO THE RESPONDENT NO.1
REQUESTING NOT TO DEMOLISH THE SHEDS PUT UP BY THE
APPELLANT OR DISPOSSESS HIM FROM THE PREMISES IN PROPERTY
NO.12 OF KANNOLLI VILLAGE IN JAMKHANDI TALUKA OF BAGALKOT
DISTRICT, AND/OR PERMITTING THE APPELLANT TO SUBMIT
OBJECTIONS TO THE NOTICES ISSUED BY THE RESPONDENT NO.1,
AND DIRECT THE RESPONDENT NO.1 TO CONSIDER THE SAME IN
ACCORDANCE WITH LAW AND PASS APPROPRIATE ORDER.
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NC: 2024:KHC-D:12831-DB
WA No. 100397 of 2024
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
This intra Court appeal is filed by the unsuccessful
petitioner in WP.No.103539/2024 dismissed on 31.08.2024 by
the learned single Judge.
2. Sri. Girish Yadwad, learned counsel appearing for
the appellant submits that the appellant has put up temporary
structure in property No.12 of Kannolli Village. In the year 2002
he has started residing there with his family. It is submitted
that the appellant has later constructed a small house and
paying property tax to the respondent Gram Panchayat as it is
evident from the tax paid receipts and the photographs. It is
further submitted that the possession of the petitioner is from
long and without any justifiable reason the respondent along
with the police man came near the property with the JCB to
demolish the residence of the petitioner without due process of
law. The possession of the petitioner was protected during the
pendency of the writ petition. However, learned Single Judge
NC: 2024:KHC-D:12831-DB
without appreciating the matter in proper perspective dismissed
the writ petition. Hence, he seeks to allow the appeal.
3. Per contra, Sri.V.S. Kalasurmath, learned HCGP for
respondent No.2 submits that the appellant has illegally put up
the construction in public property and after issuing notices to
him by the Gram Panchayat, the steps have been taken to
demolish and he seeks to dismiss the appeal.
4. We have heard the arguments of learned counsel
for the parties and meticulously perused the material available
on the record.
5. The material available on the record indicates that
the appellant has illegally put the construction in property
No.12 of Kannoli Village, Jamkhandi Taluk, Bagalkot District
without any right or title over the said property. The appellant
has produced some receipts for having paid the taxes to the
Gram Panchayat, the receipts would not confer any title over
the subject land. Hence, the learned Single Judge has rightly
come to the conclusion that the construction of the appellant in
the said property is illegal construction and dismissed the writ
petition.
NC: 2024:KHC-D:12831-DB
6. The material available on record indicates that the
appellant was given notices i.e., on 02.01.2024, 06.01.2024
and 08.02.2024. By suppressing the notices issued by the
Authorities, the writ petition was filed and interim order was
obtained. The material available on record indicates that every
construction of structure by the appellant is illegal, hence,
question of claiming any rights over such property by the
appellant would not arise.
7. The learned Single Judge on appreciation of the
pleading and material available on record has assigned detailed
reasons for dismissal of the writ petition. We do not find any
error or perversity in the reasoning of the learned Single Judge
calling for interference in the present appeal. For the
aforementioned reasons we do not find any merit in the present
appeal. The same is hereby dismissed.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
ABK/ct-abn
