Karnataka High Court
Smt Fathima W/O Maidin Byari Alias ... vs Shri Mohan S/O Daji Avarsekar on 26 March, 2025
Author: S G Pandit
Bench: S G Pandit
-1-
NC: 2025:KHC-D:5539-DB
WA No. 100168 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH 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.100168 OF 2025 (KLR-RES)
BETWEEN:
SMT. FATHIMA W/O. MAIDIN BYARI @ BIHARI,
AGE. 75 YEARS, OCC. COOLIE,
R/O. SITE NO.36, CITY MUNICIPAL BUILDING
3334/1866/4/9 SARVODAY NAGAR,
KODIBAG, KARWAR, DIST. UTTAR KANNADA.
...APPELLANT
(BY SRI SHIVRAJ S.BALLOLI, ADVOCATE)
AND:
1. SHRI MOHAN S/O. DAJI AVARSEKAR,
AGE. 58 YEARS, OCC. COOLIE,
R/O. INP ROAD, BHANDARIWADA, BAITHKOL,
VTC KARWAR, DIST. UTTAR KANNADA-581032.
2. THE DEPUTY COMMISSIONER,
KARWAR, DIST. UTTAR KANNADA-581301.
Digitally signed by
MALLIKARJUN 3. THE TAHSILDAR, KARWAR,
RUDRAYYA KALMATH
DIST. UTTAR KANNADA-581301.
Location: HIGH COURT
OF KARNATAKA
4. THE VILLAGE ACCOUNTANT, KARWAR,
DIST. UTTAR KANNADA-581301.
5. THE COMMISSIONER CITY MUNICIPAL COUNCIL,
KARWAR, DIST. UTTAR KANNADA-581301.
...RESPONDENTS
(BY SRI V.S. KALASURMATH, ADDL. GOVT. ADVOCATE FOR R2-R4;
SRI JAGADISH PATIL, ADVOCATE FOR R1;
SRI S.V. YAJI, ADVOCATE FOR R5)
-2-
NC: 2025:KHC-D:5539-DB
WA No. 100168 of 2025
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE
IMPUGNED ORDER DATED 04/02/2025 PASSED BY THE SINGLE
JUDGE OF THIS COURT IN WRIT PETITION NO.105811/2022 ONLY IN
SO FAR AS ISSUANCE OF MANDAMUS TO IMPLEMENT THE ORDER
23/12/1983 PASSED BY RESPONDENT NO.1 AT ANNEXURE-A IS
CONCERNED, TO MEET THE ENDS OF JUSTICE AND EQUITY AND
ETC.,.
THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present intra-Court appeal is filed under Section
4 of the Karnataka High Court Act, 1961 by the writ
petitioner calling in question the order dated 04.02.2025
passed by the learned Single Judge in WP
No.105811/2022.
2. The first respondent who was the writ petitioner
sought for a writ of mandamus to direct the official
respondents to handover the vacant possession of the
property allotted to her, vide order dated 23.12.1983 and
for a direction to implement the order dated 02.02.2022
passed in W.P.No.100359/2022. The learned Single Judge
NC: 2025:KHC-D:5539-DB
by virtue of impugned order dated 04.02.2025 granted the
reliefs sought for by the writ petitioner.
3. Heard Sri Shivaraj Ballolli, learned counsel
appearing for the appellant and Sri Jagadish Patil, learned
counsel for respondent No.1, learned Additional
Government Advocate Sri V.S.Kalasurmath, appearing for
respondent Nos.2 to 4, Sri. S.V. Yaji, learned counsel for
respondent No.5- the Commissioner, City Municipal
Council, Karwar.
4. It is forthcoming that the learned Singe Judge
vide order dated 02.02.2022 passed in WP
No.100359/2022 had directed the Tahsildar, Karwar to
decide upon the merits of the objections raised by the
petitioner in the said writ petition within a period of six
weeks. It is further ordered that until such adjudication,
no precipitative action would be taken. The petitioner in
the said WP No.100359/2022 is the appellant herein.
5. It is the contention of the learned counsel for
the appellant that without adjudication by the Tahsildar,
NC: 2025:KHC-D:5539-DB
the grant order dated 23.12.1983 sought to be relied upon
by the writ petitioner cannot be implemented.
6. It is undisputed that the Tahsildar had not
concluded the adjudication interms of the order dated
02.02.2022 passed in WP No.100359/2022.
7. It is clear that until adjudication of the dispute
between the parties, by the Tahasildar, Karwar, in terms
of the order dated 02.02.2022, passed in
W.P.No.100359/2022, the question of enforcing the grant
order bearing No.RB-LAQ-CB-110/81-82 dated 23.12.1983
issued by the Deputy Commissioner, UK, does not arise.
Since vide order dated 02.02.2022 passed in
W.P.No.100359/2022, the learned single Judge had
directed that no precipitative action be taken till
adjudication by the Tahasildar, Karwar, the said position is
required to continue.
NC: 2025:KHC-D:5539-DB
8. Hence, the following:
ORDER
i) The above appeal is partly allowed;
ii) The impugned order dated 04.02.2025
passed in W.P.No.105811/2022 by the
learned single Judge is set aside;
iii) The parties are directed to appear before
the Tahsildar, Karwar-respondent No.3 on
09.04.2025 at 3.00 pm, without the
requirement of any further notice being
issued in this regard;
iv) Consequent to the appearance of the
parties, the Tahsildar, Karwar shall
adjudicate the matter in terms of the
order dated 02.02.2022 passed in WP
No.100359/2022. Upon such adjudication,
the Tahsildar shall also decide with regard
to the rights of the parties pursuant to the
NC: 2025:KHC-D:5539-DB
grant order bearing No.RB-LAQ-CB-
110/81-82 dated 23.12.1983.
v) Until adjudication of the matter by the
Tahasildar, Karwar, no precipitative action
shall be taken to implement the grant
order bearing No.RB-LAQ-CB-110/81-82
dated 23.12.1983.
vi) Pending applications, if any, are disposed
of, as not surviving for consideration.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
Vmb.
