IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 03RD DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT APPEAL No.2940 OF 2018 (KLR - RES) BETWEEN:
SANJEEVA POOJARY SON OF MUTHU POOJARY, AGED ABOUT 48 YEARS, RESIDING AT BALNADU VILLAGE, BELIYOOR KATTE POST, PUTTUR TALUK, DAKSHINA KANNADA.
(BY SRI SACHIN B.S., ADVOCATE) AND:
1 . SMT. YAMUNA WIFE OF MUTHU POOJARY, AGED MAJOR, RESIDING AT KADLU HOUSE, BALNADU VILLAGE, BELIYOOR KATTE POST, PUTTUR TALUK, DAKSHINA KANNADA – 574 201.
2 . DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT, DAKSHINA KANNADA – 575 001.
... APPELLANT 3 . ASSISTANT COMMISSIONER PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574 201.
4 . TAHASILDAR PUTTUR TALUK, DAKSHINA KANNADA DISTRICT- 574 201.
... RESPONDENTS (BY SRI K. CHANDRANATH ARIGA, ADVOCATE FOR RESPONDENT NO.1;
SRI KIRAN KUMAR.T.L., ADDITIONAL GOVERNMENT ADVOCATE, FOR RESPONDENT NOS.2 TO 4;) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET – ASIDE THE IMPUGNED JUDGMENT DATED 9/3/2018 PASSED BY THE LEARNED SINGLE JUDGE MADE IN WRIT PETITION NO.49114 OF 2017 AND CONSEQUENTLY, ALLOW THE WRIT PETITION NO.49114 OF 2017.
THIS WRIT APPEAL COMING ON FOR ADMISSION, THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 09.03.2018, passed in writ petition No.49114 of 2017, by the learned Single Judge, in dismissing the petition, the petitioner therein is in appeal.
2. The plea of the appellant is that, the learned Single Judge committed an error by upholding the order of the Deputy Commissioner that all the applications were directed to be put together before the Regularization Committee. It is the appellant’s plea that except him, no other applications are made to the land in question but the applications are submitted for different survey numbers.
3. The learned Single Judge held that the grant made by the Regularization Committee in favour of the petitioner be set aside since there were other applications which have to be considered by the Regularization Committee. The status of the land as well as the applications are matters to be considered by the Deputy Commissioner. It is only after the Deputy Commissioner passes an appropriate order, the issue would come to the light.
4. Under such circumstances, when the order is confirmed by the learned Single Judge that all applications have to be considered together, we do not find any merit in the appeal. Hence, the appeal is dismissed.
All contentions are kept open.
Sd/- JUDGE Sd/- JUDGE nvj