Karnataka High Court
Kirshna And Ors vs State Of Karnataka And Ors on 20 December, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC-K:9939
WP No. 202881 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 202881 OF 2024 (KLR-RR/SUR)
BETWEEN:
1. KIRSHNA S/O BALAKU @ BALU CHAVAN,
AGE 54 YEARS, OCCUAPTION:AGRICULTURE, RESIDENT
OF PANGRON DODDI TQ AND DIST VIJAYAPURA
2. SHRIPATI S/O BALAKU @ BALU CHAVAN,
AGE 51 YEARS, OCCUAPTION AGRICULTURE RESIDENT
OF PANGRON DODDI TQ AND DIST VIJAYAPURA
3. NIVARUTTI S/O BALAKU @ BALU CHAVAN,
AGE 49 YEARS, OCCUAPTION AGRICULTURE RESIDENT
Digitally signed OF PANGRON DODDI TQ AND DIST VIJAYAPURA
by SUMITRA
SHERIGAR 4. SOPANA S/O BALAKU @ BALU CHAVAN,
Location: HIGH
COURT OF AGE 44 YEARS, OCCUAPTION AGRICULTURE RESIDENT
KARNATAKA OF PANGRON DODDI TQ AND DIST VIJAYAPURA
5. HANAMANTH S/O BALAKU @ BALU CHAVAN,
AGE 40 YEARS, OCCUAPTION AGRICULTURE RESIDENT
OF PANGRON DODDI TQ AND DIST VIJAYAPURA
6. SUBABAI W/O DONDIBA JAGATAPA,
AGE 67 YEARS OCCUAPTION HOUSEHOLD WORK
RESIDENT OF PANGRON DODDI TQ AND DIST
VIJAYAPURA
7. BUGADABAI W/O NARAYANNA BORADE,
-2-
NC: 2024:KHC-K:9939
WP No. 202881 of 2024
AGE 53 YEARS OCCUAPTION HOUSEHOLD WORK
RESIDENT OF PANGRON DODDI TQ AND DIST
VIJAYAPURA
8. SUGANDA W/O SADU KHADAM,
AGE 55 YEARS OCCUAPTION HOUSEHOLD WORK
RESIDENT OF PANGRON DODDI TQ AND DIST
VIJAYAPURA
9. SAMPATA W/O SOPANA JHADAV,
AGE 41 YEARS OCCUAPTION HOUSEHOLD WORK
RESIDENT OF PANGRON DODDI TQ AND DIST
VIJAYAPURA
...PETITIONERS
(BY SRI. DEEPAK V BARAD, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY SECRETARY REVENUE DEPARTMENT,
M S BUILDING, BENGALURU-560001
2. THE DEPUTY COMMISSIONER
VIJAYAPURA-586101
3. THE ASSISTANT COMMISSIONER
VIJAYAPURA SUB DIVISION, VIJAYAPURA-586101
4. THE TAHASILDAR
VIJAYAPURA-586101
...RESPONDENTS
(SMT. MAYA T.R., HCGP FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, (I) ISSUE A WRIT IN
THE NATURE OF CERTIORARI WHEREBY QUASHING THE IMPUGNED
BEARING NO.KRA.SUM:R:B/KRUM.GRA.RA/V.VA-27/21-22 DATED
-3-
NC: 2024:KHC-K:9939
WP No. 202881 of 2024
27.11.2023, PASSED BY THE 2ND RESPONDENT AS AT ANNEXURE-D
TO THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY.
II) ISSUE A WRIT IN THE NATURE OF MANDAMUS WHEREBY
DIRECTING THE RESPONDENT NO 2 TO 4 TO CONSIDER THE
REPRESENTATION DATED 27.06.2024 AS AT ANNEXURE-C, E ANDE2
TO THIS WRIT PETITION, IN THE INTEREST OF JUSTICE AND
EQUITY, ETC.,
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR)
1. In this petition, the petitioners seek the following
reliefs:
(a) Issue a writ in the nature of certiorari
whereby quashing the impugned bearing
No.Kra.Sum.R.B/Kum.Gra.Ra/V.Va-27/2021-22 dated
27.11.2023, passed by the 2nd respondent as at
Annexure-D to the writ petition in the interest of justice
and equity.
(b) Issue a writ in the nature of mandamus
whereby directing the respondent No.2 to 4 to consider
the representation dated 27.06.2024 as at Annexures-C,
E and E2 to this writ petition, in the interest of justice and
equity.
2. A perusal of the material on record will indicate
that the petitioner is aggrieved by the impugned order at
-4-
NC: 2024:KHC-K:9939
WP No. 202881 of 2024
Annexure-D dated 27.11.2023 passed by the respondent
No.2-Deputy Commissioner, as well as non-consideration
of the representations of the petitioner submitted to
respondent Nos.2 to 4 vide Annexures-E, E1 and E2 dated
27.06.2024 in relation to the subject lands.
3. Though the petitioner would be entitled to
challenge the impugned order by filing an appropriate
appeal, in the light of the specific assertion on the part of
the petitioner and the material on record which discloses
that the petitioner had not been provided sufficient or
reasonable opportunity by the respondent No.2 before
passing the impugned order, I deem it just and
appropriate to set aside the impugned order and remit the
matter back to the respondent No.2 for reconsideration
afresh, in accordance with law and issue suitable directions
in this regard.
4. Accordingly, I pass the following:
-5-
NC: 2024:KHC-K:9939
WP No. 202881 of 2024ORDER
(i) The writ petition is allowed;
(ii) The impugned order at Annexure-D dated
27.11.2023 passed by the respondent No.2
in relation to the subject lands are hereby
set aside and the matter is remitted back to
the respondent No.2 for reconsideration
afresh, after providing sufficient and
reasonable opportunity to the petitioner
and hearing him, in accordance with law.
(iii) The respondent Nos.2 to 4 are also directed
to consider the representations at Annexures-
E, E1 and E2 dated 27.06.2024, submitted by
the petitioner and pass appropriate orders in
accordance with law, as expeditiously as
possible.
(iv) The petitioner is at liberty to file pleadings,
documents, etc., which shall be considered
-6-
NC: 2024:KHC-K:9939
WP No. 202881 of 2024
by the respondent Nos.2 to 4 who shall
proceed further in accordance with law.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
Svh/-
List No.: 1 Sl No.: 3