IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S DINESH KUMAR WRIT PETITION No.16021 OF 2019 (LR) BETWEEN:
SRI BHARAGI HUCHCHAPPA S/O DYAVAPPA AGED ABOUT 73 YEARS R/AT BELUR, KASABA HOBLI SAGAR TALUK SHIMOGA, KARNATAKA-577201 ... PETITIONER (BY SRI.PRASHANTH G., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE – 560 001.
2. THE DEPUTY COMMISSIONER SHIMOGA DISTRICT SHIMOGA-577 201.
3. THE ASSISTANT COMMISSIONER SAGAR TALUK, SAGAR SHIMOGA DISTRICT – 577 201.
4. THE TAHSILDAR SAGAR TALUK, SAGAR SHIMOGA DISTRICT – 577 201.
5. THE COMMISSIONER DEPARTMENT OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS MINTO ANJANEYA BHAVAN, I MAIN AVR ROAD, CHAMRAJPET BENGALURU – 560 018.
6. SRI KELADI RAMESHWARA DEVARU REP. BY ITS CONVENER KELADI, SAGAR TALUK SHIMOGA DISTRICT – 577 201.
7. SRI NAGAPPA S/O NAGAPPA AGED ABOUT 70 YEARS 8. SRI MANJAPPA S/O SRI HUCHAPPA AGED ABOUT 50 YEARS 9. SMT. CHOWDAMMA W/O RAMAPPA AGED ABOUT 65 YEARS RESPONDENTS NO.7 TO 9 ARE R/AT BELUR VILLAGE KASABA HOBLI, SAGARA TALUK SHIMOGA DISTRICT-577 201. ... RESPONDENTS (BY SMT. M.C. NAGASHREE, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 6 TO EVICT THE RESPONDENT NOS.7 TO 9 FROM PORTION OF LAND IN SY.NO.109 OF BELUR VILLAGE, SAGAR TALUK, IN DUE PROCESS OF LAW AND RESTORE THE SAME IN FAVOUR OF THE R-6 TEMPLE AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri Prashanth G, learned advocate for the petitioner and Smt. M.C. Nagashree, learned Additional Government Advocate for the respondents No.1 to 5.
2. Shri Prashanth submits that the petitioner was granted 17 guntas of land in survey No.109 Belur Village, Sagar Taluk by the land Tribunal. Private respondents No.7 to 9 have filed suit against the State in OS No.476/1993. After prolonged battle, the same is confirmed in RSA No.2854/2007 by this Court, wherein this Court has opined that private respondents may be removed in accordance with law.
3. Shri Prashanth further submits that private respondents are seeking for execution of judgment and decree dated 30.06.2007 in RA No.62/1997 in Execution Petition No.75/2015. In such circumstances, petitioner has sought for direction to respondents No.1 to 6 to evict respondents No.7 to 9 from occupation of land in question. Admitted position is that private respondents No.7 to 9 have got decree in their favour and they have sought to enforce the same by filing execution petition. The petitioner may contest the same to sustain his right if so advised. Decree obtained by respondents No.7 to 9 cannot be frustrated by directing the State to evict them based on petitioner’s claim.
Therefore, this petition is devoid of merits and it is accordingly dismissed.
No costs.
Sd/- JUDGE nms