Karnataka High Court
Shri Sunil S/O Kesharvao Mamadapur vs The State Of Karnataka on 6 March, 2025
Author: S G Pandit
Bench: S G Pandit
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WA No. 100369 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO.100369 OF 2023 (KLR-RES)
BETWEEN:
1. SHRI. SUNIL S/O. KESHARVAO MAMADAPUR,
AGE. 49 YEARS, OCC. AGRICULTURE AND BUSINESS,
R/O. VIDYANAGAR, RABAKAVI,
TALUK. RABAKAVI-BANAHATTI,
DIST. BAGALKOT, PIN-587313.
2. RAGHURAJ S/O. KESHAVARAO MAMADAPUR,
AGE. 57 YEARS, OCC. AGRICULTURE AND BUSINESS,
R/O. VIDYANAGAR, RABAKAVI,
TALUK. RABAKAVI-BANAHATTI,
DIST. BAGALKOT, PIN-587311.
...APPELLANTS
(BY SRI SHIVARAJ MUDHOL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
Digitally signed
by V N BADIGER DEPARTMENT OF REVENUE,
Location: HIGH M.S. BUILDING, BENGALURU-560001.
COURT OF
KARNATAKA 2. THE DEPUTY COMMISSIONER,
BELAGAVI, DIST. BELAGAVI-591304.
3. THE ASSISTANT COMMISSIONER,
CHIKKODI, TQ. CHIKKODI,
DIST. BELAGAVI-591304.
4. THE TAHASILDAR ATHANI,
TQ. ATHANI, DIST. BELAGAVI-591304.
5. SRI APPASAB S/O. LINGAPPA
@ NINGAPPA GODASE,
AGE. 78 YEARS, OCC. AGRICULTURE,
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WA No. 100369 of 2023
R/O. MADABHAVI, TQ. ATHANI,
DIST. BELAGAVI, PIN-591304.
6. SRI. RAMACHANDRA S/O. LINGAPPA
@ NINGAPPA GODASE,
AGE. 75 YEARS, OCC. AGRICULTURE,
R/O. MADABHAVI, TQ. ATHANI,
DIST. BELAGAVI, PIN-591304.
7. SRI. BHAGAWAN S/O. LINGAPPA
@ NINGAPPA GODASE,
AGE. 73 YEARS, OCC: AGRICULTURE,
R/O. MADABHAVI, TQ. ATHANI,
DIST. BELAGAVI, PIN-591304.
8. GIRIJABAI W/O. KRISHNA KORE,
AGE. 66 YEARS, OCC. HOUSE HOLD WORK,
R/O. CHINCHE, TQ. MIRAJ,
DIST. SANGLI, MAHARASHTRA STATE,
PIN-416410.
9. PARAVATI W/O. NAMDEV MALI,
AGE. 63 YEARS, OCC. HOUSE HOLD WORK,
R/O. GHORPHADI, TQ. KAVATE MAHANKAL,
DIST. SANGLI, MAHARASHTRA STATE,
PIN-416410.
...RESPONDENTS
(BY SRI V.S. KALASURAMATH, ADVOCATE FOR R1 TO R4;
SRI G.B. NAIK, ADVOCATE AND
SRI P.G. NAIK, ADVOCATE FOR R5 TO R7 AND R9;
NOTICE TO R8 IS HELD SUFFICIENT)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE WRIT
PROCEEDINGS RULES, PRAYING TO SET ASIDE THE ORDER DATED
28/3/2023 IN WRIT PETITION NO.100378/2021 SO FAR AT RELATES
TO CONDITION IMPOSED AT SERIAL NO.3 IS CONCERNED BY
ALLOWING THIS WRIT APPEAL IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
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WA No. 100369 of 2023
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The petitioner before the writ Court has filed the present
intra-Court appeal, challenging the order dated 28.03.2023,
passed in W.P No.100378/2021, whereunder, the learned
Single Judge has set aside the orders passed by the Deputy
Commissioner-2nd respondent and the Assistant Commissioner-
3rd respondent and remanded the matter to the Deputy
Commissioner. The operative portion of the order, passed by
the learned Single Judge, is extracted herein for ready
reference:
ORDER
(i) The impugned order dated 25.02.2019, bearing
No.RTS/AP-21/2015-16, passed by the 3rd
respondent (vide Annexure-B to the writ petition)
is hereby set aside.
(ii) The impugned order dated 26.11.2020, bearing
No.RB/RTA/36/2019-20, passed by the 2nd
respondent (vide Annexure-A to the writ petition)
is hereby set aside.
(iii) The matter stands remanded back to the 2nd
respondent with a direction to take steps to
identify the property from the proper authority
and determine whether the property which
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respondent Nos.5 to 9 along with another person
are declared to be the owners in O.S No.36/1990
is the same as the property purchased by the
petitioners herein and thereafter pass appropriate
orders in accordance with law.
(iv) The parties are directed to appear before the 3rd
respondent on 12.04.2023 without further notice
and the 3rd respondent shall dispose off the matter
as expeditiously as possible.
(v) The writ petition is disposed off accordingly.
(vi) In view of the disposal of the writ petition,
pending applications, if any, do not survive for
consideration and the same are disposed off."
2. Heard submissions of learned counsel
Sri.Shivaraj Mudhol for the appellant, learned AGA
Sri.V.S.Kalasuramath for respondents No.1 to 4 and learned
counsel Smt.P.G.Naik for respondents No.5 to 7 and 9.
3. The sole contention put forth by the learned counsel
for the appellant is that the remand ought to have been made
to the Assistant Commissioner-3rd respondent, rather than the
Deputy Commissioner-2nd respondent.
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4. The learned counsel appearing for private
respondents has no objection for remanding the matter to the
Assistant Commissioner-3rd respondent.
5. In view of the aforementioned, the present writ
appeal is disposed of, by directing the parties to appear before
the Assistant Commissioner-3rd respondent on 20.03.2025 at
3.00 p.m., without any further notice in this regard.
6. The Assistant Commissioner-3rd respondent shall
dispose of the matter as expeditiously as possible in accordance
with law, in terms of the order of the learned Single Judge.
7. The order of the learned Single Judge only to the
aforementioned extent stands modified.
8. All contentions of parties are left open.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
PMP
