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The State Of Karnataka vs The Special Deputy Commissioner And Others

High Court Of Karnataka|07 January, 2019
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JUDGMENT / ORDER

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.3889/2012 (KLR – RR/SUR) BETWEEN:
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, AMBEDKAR VEEDI BANGALORE-560001.
REP. BY ITS SECRETARY. ... PETITIONER [BY SRI RAMESHA. H.E., ADV.] AND:
1. THE SPECIAL DEPUTY COMMISSIONER, [REVENUE] BANGALORE URBAN DISTRICT K.G. ROAD, BANGALORE-560009.
2. SMT H.V. SAROJAMMA D/O UGRANARASIMHAIAH 3. SRI S.H. MUNIVENKATEGOWDA S/O HEMMANNA No.RA 146/2006-07 RESPONDENT No.1 & 5 IN THE ORDER IMPUGNED 4. SRI GOPALA GOWDA S/O HEMMANNA No.RA 680/2007-08 RESPONDENT No.2, 3 & 7 IN THE ORDER IMPUGNED 5. SMT PUTTAMMA D/O CHIKKANNA 6. SRI S.H. MUNIVENKATEGOWDA & SRI GOPALA GOWDA S/O HEMANNA 7. SRI DODDANARASAPPA S/O VEERELLEGOWDA 8. SMT MANJULAMMA W/O BASAVARAJU 9. SRI H.V. BOGANNA S/O VEERELLEGOWDA 10. SRI B.BASAVARAJU S/O KARIYANNA HIRIYUR ALL ARE R/AT: SATHANUR VILLAGE JALA HOBLI, BANGALORE NORTH [ADDL.] TALUK 11. SRI M.S. SRINIVAS S/O NARAYANA REDDY RAMACHANDRA AGRAHARA, JALA HOBLI BANGALORE NORTH [ADDL.] TALUK 12. SRI K.KRISHNAPPA S/O KEMPANNA GOODLA MUDDENAHALLI VILLAGE JALA HOBLI, BANGALORE NORTH [ADDL.] TALUK 13. SRI G.K. SURESHA S/O N.KRISHNAPPA No.2417/29, 17TH MAIN ROAD VIJAYANAGAR, BANGALORE-560040.
14. SRI C.NAGARAJ 15. SRI KRISHNAPPA 16. SRI NARAYANASWAMY 17. SRI M.MANJUNATH 18. SRI A.K.THYEB 19. SRI S.D.AVALAPPA 20. SRI A.K.JEELANI 21. SRI SAFFARULLAKHAN 22. SRI VENKATARAMANAPPA 23. SRI BARATHAPPA 24. SRI MOHAMMED KHAN RESPONDENT Nos.14 TO 24 ARE DELETED VIDE COURT ORDER DATED 03.07.2012.
25. THE ASST. COMMISSIONER BANGALORE NORTH SUB-DIVISION BANGALORE.
26. THE TAHSILDAR BANGALORE NORTH SUB-DIVISION BANGALROE. …RESPONDENTS [BY SRI T.S.MAHANTESH, AGA FOR R-1, 25 & 26; SRI H.N.SHASHIDHAR, ADV. FOR R-3, R-4, R-8, R-10, R-11 & R-13 – ABSENT;
R-2, 3, 5, 6, 7 AND 9 ARE SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY R-1 DATED 21.07.2010 IN PROCEEDINGS VIDE ANNEXURE-F AS ILLEGAL AND CONTRARY TO LAW AND ALLOW THE APPEAL AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the petitioner – State of Karnataka has filed a memo seeking disposal of the Writ Petition in terms of the order passed by this Court in W.A.No.793/2012 and other allied matters, whereby this Court was pleased to dispose of the writ appeals filed by the petitioner herein, to enable the State to avail itself either the provision of Section 67[2] of the Karnataka Land Revenue Act, 1964 ['Act' for short] or for filing a civil suit or any other proceedings available to the State.
2. Memo is placed on record. It is not in dispute that the subject matter of this writ petition is covered by the decision of the Division Bench in W.A.No.793/2012 and allied matters.
Accordingly, Writ petition stands dismissed as withdrawn with liberty to the State to avail itself either the provisions of Section 67[2] of the Act or file a civil suit or any other proceedings available to the State, in terms of the orders passed by this Court in W.A.No.793/2012 and other allied matters.
NC.
Sd/- JUDGE
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Title

The State Of Karnataka vs The Special Deputy Commissioner And Others

Court

High Court Of Karnataka

JudgmentDate
07 January, 2019
Judges
  • S Sujatha