Karnataka High Court
Basappa Kedari Mali vs The State Of Karnataka on 13 February, 2023
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WP No. 77661 of 2013
C/W WP No. 66520 of 2012, WP No. 77672 of
2013, WP No. 106317 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 77661 OF 2013 (LR)
C/W
WRIT PETITION NO. 66520 OF 2012
WRIT PETITION NO. 77672 OF 2013
WRIT PETITION NO. 106317 OF 2014
IN WRIT PETITION NO.77661/2013
BETWEEN:
1. BASAPPA KEDARI MALI
AGE: 75 YEARS,OCC: AGRICULTURE
R/O. INDIRA NAGAR, CHIKKODI 591 201
TQ: CHIKKODI, DIST: BELGAUM.
2. ISHWAR ANNAPPA MALI
AGE 65 YEARS, OCC: AGRICULTURE
R/BY THROUGH HIS PA HOLDERS
CHANDRASHEKAR
LAXMAN
KATTIMANI
2(A) ANIL ISHWAR MALI
Digitally signed by
CHANDRASHEKAR
AGE: 38 YEARS, OCC: AGRICULTURE
LAXMAN KATTIMANI
Location: HIGH COURT
OF KARNATAKA
DHARWAD
Date: 2023.02.16
10:21:03 +0530
2(B) SUNIL ISHWAR MALI
AGE 30 YEARS, OCC: AGRICULTURE
BOTH ARE RESIDENTS OF CHIKKODI - 591 201
TALUK: CHIKKODI, DIST:BELGAUM.
2(C) SMT. AKKATAI ISHWAR MALI
AGE 71 YEARS, OCC: HOUSEHOLD WORK
2(D) SMT. PARVATI KRISHNA MALI
AGE: 49 YEARS, OCC: HOUSEHOLD WORK
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C/W WP No. 66520 of 2012, WP No. 77672 of
2013, WP No. 106317 of 2014
2(E) SMT. INDUMATI RAMESH DODAMANI
AGE 39 YEARS, OCC: HOUSEHOLD WORK
P2(C) TO (D) ARE RESIDENTS OF
GHALEGALLI, CHIKKODI
TALUK: CHIKKODI, DIST:BELGAUM.
3. KRISHNA S/O. ANNAPPA MALI
AGE: 63 YEARS, OCC: AGRICULTURE
R/O. CHIKKODI 591 201,
TQ: CHIKKODI, DIST: BELGAUM
DATTU GOPAL PATIL
SINCE DECEASED R/BY HIS LRS PETITIONERS 4 TO 6
4. TUKARAM DATTU PATIL
AGED ABOUT 70 YEARS, OCC: AGRICULTURE
5. VASANT DATTU PATIL
AGED ABOUT 66 YEARS, OCC: AGRICULTURE
SINCE DECEASED BY HIS LRS
5(A) SMT. KAMAL VASANT PATIL
AGE: 60 YEARS, OCC: HOUSEHOLD WORK
5(B) SMT. SANGEETA YASHWANT MALI
AGE 40 YEARS, OCC: HOUSEHOLD WORK
5(C) SMT. ANITA SHRIKANT KULKARNI
AGE 39 YEARS, OCC: HOUSEHOLD WORK
5(D) SRI. SARJERAO VASANT PATIL
AGE: 37 YEARS, OCC: AGRICULTURE
P5(A) TO (D) ARE
R/O. MAMADAPUR,
TALUK: CHIKKODI, DIST:BELGAUM.
6. SADASHIV DATTU PATIL
AGED ABOUT 62 YEARS, OCC: AGRICULTURE
PETITONERS NO.4 TO 6 ARE
R/O. CHIKKODI 591 201,
TQ: CHIKKODI, DIST: BELGAUM
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C/W WP No. 66520 of 2012, WP No. 77672 of
2013, WP No. 106317 of 2014
MEERASAB MOHAMMAD SAHEB SANADI
SINCE DECEASED BY HIS LRS
PETITIONERS NO.7 TO 10
7. DASTAGIRSAB SANADI
AGED ABOUT 72 YEARS,
OCC: AGRICULTURE
8. RAMJAN MEERASAB SANADI
AGED ABOUT 70 YEARS,
OCC: AGRICULTURE
9. SIKANDAR MEERSAB SANADI
AGED ABOUT 65 YEARS,
OCC: AGRICULTURE
R/O. CHIKKODI, TQ: CHIKKODI,
DIST: BELGAUM
10. GULAB MEERASAB SANADI
AGED ABOUT 62 YEARS,
OCC: AGRICULTURE
PETTIONERS NO.7 TO 10 ARE
R/O. CHIKKODI 591 201,
TQ: CHIKKODI, DIST: BELGAUM
DATTU GUNDU SHINDE
SINCE DECEASED R/BY HIS LRS PETITIONERS NO.11
TO 14
11. BABASAHEB GUNDU SHINDE
AGED ABOUT 46 YEARS, OCC: AGRICULTURE
12. APPASAHEB GUNDU SHINDE
AGED ABOUT 40 YEARS, OCC: AGRICULTURE
13. ANNASAHEB GUNDU SHINDE
AGED ABOUT 38 YEARS,
OCC: AGRICULTURE
14. MAHADEV GUNDU SHINDE
AGED ABOUT 35 YEARS, OCC: AGRICULTURE
PETITIONERS NO.10 TO 14 ARE
R/O. CHIKKODI 591 201, TQ: CHIKKODI, DIST: BELGAUM
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2013, WP No. 106317 of 2014
GANAPATI GUNDU SHINDE
SINCE DECEASED BY HIS LR PETITIONER NO.15
15. SUNIL GANAPATI SHINDE
AGED ABOUT 27 YEARS, OCC: AGRICULTURE
R/O. CHIKKODI 591 201,
TQ: CHIKKODI, DIST: BELGAUM
16. APPAYYA SHIVAPPA PUJARI
AGED ABOUT 70 YEARS, OCC: AGRICULTURE
R/O. CHIKKODI 591 201I,
TQ: CHIKKODI, DIST: BELGAUM
16(A) SMT. KEMPAWWA APPAYYA PUJARI
AGE: 63 YEARS, OCC: HOUSEHOLD WORK
16(B) SMT. UMA UMESH DONGARE
AGE: 40 YEARS, OCC: HOUSEHOLD WORK
16(C) SMT. RAVINDAR APPAYYA PUJARI
AGE: 37 YEARS, OCC: AGRICULTURE
16(D) SMT. SUMA PRABHU GONE
AGE: 35 YEARS, OCC: HOUSEHOLD WORK
16(E) SRI. NANDISHWAR APPAYYA PUJARI
AGE 31 YEARS, OCC: HOUSEHOLD WORK
P16(A) TO (E) ARE
R/O. CHIKKODI
TALUK: CHIKKODI, DIST:BELGAUM.
17. SHIVAPPA APPAYYA PUJARI
R/BY HIS PA HOLDER
APPAYYA SHIVAPPA PUJARI
AGED ABOUT 70 YEARS, OCC: AGRICULTURE
R/O. HALATTI, CHIKKODI 591 201,
TQ: CHIKKODI, DIST: BELGAUM
SINCE DECEASED REP. BY HIS LRS
17(A) SRI. CHIKKAPPA SHIVAPPA PUJARI
AGE: 62 YEARS, OCC: AGRICULTURE
17(B) SRI. RAMACHANDRA SHIVAPPA PUJARI
AGE: 74 YEARS, OCC: AGRICULTURE
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C/W WP No. 66520 of 2012, WP No. 77672 of
2013, WP No. 106317 of 2014
17(C) SRI.APPAYYA SHIVAPPA PUJARI
SINCE DECEASED LEAVING BEHIND
HIS LRS P16(A) TO P16(E)
17(D) SRI. VITHAL SHIVAPPA PUJARI
AGE: 35 YEARS, OCC: AGRICULTURE
17(E) SRI. BALAVANI SHIVAPPA PUJARI
AGE 64 YEARS, OCC: AGRICULTURE
17(F) SMT. LAXMIBAI SHIVAPPA PUJARI
AGE 69 YEARS, OCC: HOUSEHOLD WORK
17(G) SMT. SUSHILA BALAPPA KHOT
AGE 65 YEARS, OCC: HOUSEHOLD WORK
17(H) SMT. KAMALA RAMACHANDRA JAMDEKAR
AGE 63 YEARS, OCC: HOUSEHOLD WORK
P17(A) TO (H) ARE
R/O. CHIKKODI
TALUK: CHIKKODI, DIST:BELGAUM.
SIDDAPPA SHIVAPPA TAVALE
SINCE DECEASED BY HIS LRS
PETITIONERS NO.18 TO 20
18. MARUTI SIDDAPPA TAVALE
AGD ABOUT 65 YEARS, OCC: AGRICULTURE
19. BALAPPA SIDDAPPA TAVALE
AGED ABOUT 63 YEARS, OCC: AGRICULTURE
20. PRABHAKAR SIDDAPPA TAVALE
AGED ABOUT 50 YEARS, OCC: AGRICULTURE
PETITIONERS NO.18 TO 20 ARE
R/O. CHIKKODI 591 201
TQ: CHIKKODI, DIST: BELGAUM
SATHYAPPA RAMA MUNDE
SINCE DECEASED BY HIS LRS
PETITIONERS NO.21 TO 23
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C/W WP No. 66520 of 2012, WP No. 77672 of
2013, WP No. 106317 of 2014
21. SIDRAMA SATHYAPPA MUNDE
AGED ABOUT 55 YEARS, OCC: AGRICULTURE
22. BASAVANTA SATHYAPPA MUNDE
AGED ABOUT 50 YEARS, OCC: AGRICULTURE
23. ASHOK SATHYAPPA MUNDE
AGED ABOUT 48 YEARS, OCC: AGRICULTURE
PETTIONERS NO.21 TO 23 ARE
R/O. CHIKKODI 591 201,
TQ: CHIKKODI, DIST: BELGAUM
APPASAB DEVANAKAR
SINCE DECEASED BY HIS LRS
PETITIONERS NO.24 TO 28
24. RAMU LAXMAN DEVANAKAR
AGED ABOUT 80 YEARS, OCC: AGRICULTURE
25. LAXMAN KRISHNA DEVANAKAR
AGED ABOUT 51 YEARS, OCC: AGRICULTURE
26. SHANKAR LAXMAN DEVANAKAR
AGED ABOUT 78 YEARS, OCC: AGRICULTURE
SINCE DECEASED REP. BY HIS LRS
26(A) SMT. MALABAI RAMU MANE
AGE: 51 YEARS, OCC: HOUSEHOLD WORK
26(B) SRI. SHALABAI TUKARAM RODE
AGE: 53 YEARS, OCC: AGRICULTURE
BOTH ARE R/O. PRABHAKAR KORE NAGAR
CHIKKODI, TQ: CHIKKODI, DIST. BELGAUM
26(C) SRI.VIWALA PRATAP NIMBALKAR
AGE: 49 YEARS, OCC: HOUSEHOLD WORK
26(D) SMT. SUNITA SADASHIV DEVANKAR
AGE: 48 YEARS, OCC: HOUSEHOLD WORK
26(E) SRI. RAJU SADASHIV DEVANKAR
AGE 25 YEARS, OCC: AGRICULTURE
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26(F) SMT. KOMAL SUNIL DEVANKAR
AGE 23 YEARS, OCC: AGRICULTURE
26(G) SRI. ANAND SHANKAR DEVANKAR
AGE 48 YEARS, OCC: AGRICULTURE
P26(C) TO (G) ARE
R/O. CHIKKODI
TALUK: CHIKKODI, DIST:BELGAUM.
27. MARUTI LAXMAN DEVANAAKR
AGED ABOUT 76 YEARS, OCC: AGRICULTURE
SINCE DECEASED BY HIS LRS
27(A) SMT. SHOBHA BALU JADHAV
AGE: 53 YEARS, OCC: HOUSEHOLD WORK
27(B) SRI. SURESH MARUTHI DEVANKAR
AGE: 51 YEARS, OCC: AGRICULTURE
27(C) SMT. KALAVATHI RAGHUNATH SHINDE
AGE: 48 YEARS, OCC: HOUSEHOLD WORK
27(D) SMT. MANGAL VILAS MAHEKAR
AGE 45 YEARS, OCC: HOUSEHOLD WORK
27(E) SMT. SUSHILA MARUTHI DEVANKAR
AGE 73 YEARS, OCC: HOUSEHOLD WORK
P27(A) TO (3) ARE
R/O. PRABHAKAR KORE NAGAR
TALUK: CHIKKODI, DIST:BELGAUM.
28. NAIKU LAXMAN DEVANAKAR
AGED ABOUT 74 YEARS, OCC: AGRICULTURE
PETITIONERS NO.24 TO 28 ARE
R/O. CHIKKODI 591 201,
TQ: CHIKKODI, DIST: BELGAUM
SHANKAR BALAPPA NERLE
SINCE DECEASED BY HIS LRS
PETITIONERS NO.29 TO 32
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C/W WP No. 66520 of 2012, WP No. 77672 of
2013, WP No. 106317 of 2014
29. ADIVEPPA SHANKAR NERLE
AGED ABOUT 42 YEARS, OCC: AGRICULTURE
30. MAHANTESH SHANKAR NERLE
AGED ABOUT 33 YEARS, OCC: AGRICULTURE
31. PRUTHVIRAJ SHANKAR NERLE
AGED ABOUT 30 YEARS, OCC: AGRICULTURE
32. DEEPAK SHANKAR NERLE
AGED ABOUT 28 YEARS, OCC: AGRICULTURE
PETITIONERS NO.29 TO 32 ARE
R/O. INDIRA NAGAR, CHIKKODI 591 201,
TQ: CHIKKODI, DIST: BELGAUM
...PETITIONERS
(BY SRI. GODE NAGARAJA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
REVENUE DEPARTMENT,
M.S. BUILDING, BANGALORE 560 001.
2. THE LAND TRIBUNAL, CHIKODI
R/BY CHAIRMAN/ THE ASSISTANT COMMISSIONER,
CHIKODI 591 201, DIST: BELGAUM
3. THE TAHSILDAR, CHIKODI TALUKA
CHIKODI, DIST: BELGAUM 591 201.
LAKAMAGOUDA BASAVAPRABHU SIR DESAI
SINCE DECEASED BY HIS LRS
4. BASAVAPRABU LAKAMAGOUDA SIR DESAI,
AGE: 56 YEARS,OCC: BUSINESS,
R/O. KAMTENATTI, NOW AT PLOT NO.24,
MRITYUNJAY NAGAR, TILAKWADI,
BELGAUM 591 201, DIST: BELGAUM
5. SHANKARGOUDA LAKAMAGOUDA SIR DESAI
AGE: 54 YEARS,OCC: BUSINESS,
R/O. KAMTENATTI, NOW AT PLOT NO.24,
MRITYUNJAY NAGAR, TILAKWADI, BELGAUM 591 201
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6. SRI. DHAIRYASHEEL JYOTIRAO PATIL
AGE: 46 YEARS, OCC: BUSINESS
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE
7. NAYAK MAHADEV KRISHNA
AGE: 54 YEARS, OCC: BUSINESS
R/O. KEMPATTI, TQ: RAIBAGH
DIST. BELAGAVI
8. MIRJE SHIVJAAT BASAVARAJ
AGE: 50 YEARS, OCC: BUSINESS
R/O. CHIKKODI, TQ: CHIKKODI
DIST: BELAGAVI
9. PRAKASH SHIVRAM MANE
AGE: 53 YEARS, OCC: BUSINESS
R/O. SADASHIVNAGAR, BELAGAVI
10. SMT. PRACHI W/O. DHAIRYASHEEL PATIL
AGE: 42 YEARS, OCC: HOUSEHOLD
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE.
11. TILOTTAMA AMAR DESAI
AGE: 42 YEARS, OCC: HOUSEHOLD
R/O. YADUR, TQ: CHIKKODI
DIST. BELAGAVI.
12. RAHUL UDAYSINGHRAO DESAI
AGE: 42 YEARS, OCC: BUSINESS
R/O. YADUR, TQ: CHIKKODI
DIST. BELAGAVI.
13. VIKRANT AJIT DESAI
AGE: 28 YEARS, OCC: BUSINESS
R/O. YADUR, TQ: CHIKKODI
DIST. BELAGAVI
14. NITIN LAKSHMANRAO DESAI
AGE: 55 YEARS, OCC: HOUSEHOL
R/O. 106, DATTA NIVASA, BELAGAVI.
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15. VENKATESH BHARATESH BANAVANE
AGE: 27 YEARS, OCC: HOUSEHOLD
R/O. YADUR, TQ: CHIKKODI
DIST: BELAGAVI.
16. VASANT SHRIMANT SAMAJE
AGE: 72 YEARS, OCC: BUSINESS
R/O. NASLAPUR, TQ: RAIBAGH
DIST: BELAGAVI.
17. SHIVAPPA MAHADEV NAYAK
AGE: 49 YEARS, OCC: BUSINESS
R/O. KEMPATTI, TQ: RAIBAGH
DIST: BELAGAVI.
18. SUMAN W/O. PRATAP PATIL
AGE: 50 YEAS, OCC: HOUSEHOLD
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE.
19. HARSHVARDHAN
AGE: 30 YEARS, OCC: BUSINESS
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE
20. PRATAP LAKSHMAN PATIL
AGE: 65 YEARS, OCC: BUSINESS
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE.
...RESPONDENTS
(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R1 TO R3;
SRI. SHIVARAJ C. BELLAKKI, ADVOCATE FOR R4 & R5;
SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R18 - R20;
SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE
FOR R6 TO R8, R10 TO R16, R9 & R17 - SERVED)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO:QUASH THE IMPUGNED ORDER DTD.25.08.1979 PASSED
BY THE 2ND RESPONDENT IN NUMBERS, K.L.R. S.R. 2200/74,
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2013, WP No. 106317 of 2014
9186/74, 276/77, 4236/74, 4570/74, 5531/74, 5232/74, 5857/74,
5893/74, 6953/74 & 464/74, 7138/74 VIDE ANNEXURES-B, E, H,
L, O, Q, T, W, Z, BB AND EE AND ORDER DTD.08.06.2011
PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-VV.
IN WRIT PETITION NO.66520/2012
BETWEEN:
DATTU KRISHNA CHAVAN FILED FORM NO.7 IS DEAD
HE IS REPD., BY LRS P1 and P2
1. SRI. ANAND DATTU CHAVAN
AGE: 30 YEARS, OCC: AGRICULTURE
R/O. INDIRA NAGAR,
CHIKKODI 591 201, DIST:BELGAUM
2. SRI.NANDU DATTU CHAVAN
AGE: 29 YEARS, OCC: AGRICULTURE
R/O. INDIRA NAGAR, CHIKKODI 591 201,
DIST: BELGAUM.
3. SRI.MALLESHI KRISHNA CHAVAN
AGE: 61 YEARS, OCC: AGRICULTURE
R/O. INDIRA NAGAR, CHIKKODI 591 201
DIST: BELGAUM.
4. SRI.MANOHAR KRISHNA CHAVAN
AGE: 51 YEARS, OCC: AGRICULTURE
R/O. INDIRA NAGAR, CHIKKODI 591 201,
DIST: BELGAUM
MARUTI KHANDU CHAVAN
SINCE DEAD REPTD. BY HIS LRS
P5 and P6
5. RAMACHANDRA SADASHIVA CHAVAN
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2013, WP No. 106317 of 2014
AGE: 36 YEARS, OCC: AGRICULTURE
R/O. INDIRA NAGAR, CHIKKODI 591 201
DIST: BELGAUM
6. SANJAYA SADASHIVA CHAVAN
AGE: 33 YEARS, OCC: AGRICULTURE
R/O. INDIRA NAGAR, CHIKKODI 591 201,
DIST: BELGAUM
...PETITIONERS
(BY SRI. R K KULKARNI, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
ITS SECRETARY REVENUE DEPARTMENT,
M.S. BUILDING, BANGALORE 560 001.
2. THE LAND TRIBUNAL CHIKKODI
R/BY CHAIRMAN/THE ASSISTANT COMMISSIONER
TAHASHILDAR, CHIKKODI 591 201
DIST: BELGAUM
3. SRI. BASAVAPRABHU LAKAMAGOUDA SIR DESAI
AGE: 56 YEARS, OCC: AGRICULTURE
R/O. KAMATENATTI, NOW AT PLOT NO. 24,
MRUTYUNAJAY NAGAR,
TILAKWADI, BELGAUM 591 201.
4. SRI. SHANKARAGOUDA LAKKAMAGOUDA SIRDESAI
AGE: 54 YEARS, OCC: AGRICULTURE AND BUSINESS
R/O. KAMATENATTI, NOW AT PLOT NO. 24,
MRUTYUNAJAY NAGAR,
TILAKWADI, BELGAUM 591 201.
5. SRI. DHAIRYASHEEL JYOTIRAO PATIL
AGE: 46 YEARS, OCC: BUSINESS
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE
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6. NAYAK MAHADEV KRISHNA
AGE: 54 YEARS, OCC: BUSINESS
R/O. KEMPATTI, TQ: RAIBAGH
DIST. BELAGAVI
7. MIRJE SHIVJAAT BASAVARAJ
AGE: 50 YEARS, OCC: BUSINESS
R/O. CHIKKODI, TQ: CHIKKODI
DIST: BELAGAVI
8. PRAKASH SHIVRAM MANE
AGE: 53 YEARS, OCC: BUSINESS
R/O. SADASHIVNAGAR, BELAGAVI
9. SMT. PRACHI W/O. DHAIRYASHEEL PATIL
AGE: 42 YEARS, OCC: HOUSEHOLD
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE.
10. TILOTTAMA AMAR DESAI
AGE: 42 YEARS, OCC: HOUSEHOLD
R/O. YADUR, TQ: CHIKKODI
DIST. BELAGAVI.
11. RAHUL UDAYSINGHRAO DESAI
AGE: 42 YEARS, OCC: BUSINESS
R/O. YADUR, TQ: CHIKKODI
DIST. BELAGAVI.
12. VIKRANT AJIT DESAI
AGE: 28 YEARS, OCC: BUSINESS
R/O. YADUR, TQ: CHIKKODI
DIST. BELAGAVI
13. NITIN LAKSHMANRAO DESAI
AGE: 55 YEARS, OCC: HOUSEHOL
R/O. 106, DATTA NIVASA, BELAGAVI.
14. VENKATESH BHARATESH BANAVANE
AGE: 27 YEARS, OCC: HOUSEHOLD
R/O. YADUR, TQ: CHIKKODI
DIST: BELAGAVI.
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15. VASANT SHRIMANT SAMAJE
AGE: 72 YEARS, OCC: BUSINESS
R/O. NASLAPUR, TQ: RAIBAGH
DIST: BELAGAVI.
16. SHIVAPPA MAHADEV NAYAK
AGE: 49 YEARS, OCC: BUSINESS
R/O. KEMPATTI, TQ: RAIBAGH
DIST: BELAGAVI.
17. SUMAN W/O. PRATAP PATIL
AGE: 50 YEAS, OCC: HOUSEHOLD
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE.
18. HARSHVARDHAN
AGE: 30 YEARS, OCC: BUSINESS
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE
19. PRATAP LAKSHMAN PATIL
AGE: 65 YEARS, OCC: BUSINESS
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE.
...RESPONDENTS
(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R1 & R2;
SRI. SHIVARAJ C. BELLAKKI, ADVOCATE FOR R3 & R4;
SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R17 - R19;
FOR R6 TO R8, R11 TO R19 - SERVED;
SERVICE HELD SUFFICIENT IN RESPECT OF R10)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED:25/08/1979 PASSED
BY 2nd RESPONDENT, VIDE ANENXURES-C, C1 AND C2
RESPECTIVELY AND ORDER DATED:08/06/2011 PASSED BY
THE 2nd RESPONDENT VIDE ANNEXURE-G.
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2013, WP No. 106317 of 2014
IN WRIT PETITION NO. 77672/2013
BETWEEN:
1. LAXMAN RAMA SIDDHARTH
AGED ABOUT 58 YEARS, OCC:AGRICULTURE
R/O. CHIKKODI, TQ: CHIKKODI,
DIST: BELGAUM
TAYAWWA APPANNA SIDDARTH
SINCE DECEASED BY HIS LRS
2. SMT.AWAKKA W/O. RAMAPPA PUJARI
AGED ABOUT 56 YEARS, OCC:AGRICULTURE
3. SMT.CHAMPAWWA W/O. MARUT PUJARI
AGED ABOUT 52 YEARS, OCC: AGRICULTURE
BY THEIR SPECIAL POWER OF ATTORNEY HOLDER
SRI.APPASAB S/O RAMAPPA PUJARI
AGE:32 YEARS, OCC:AGRICULTURE
R/O. NEW R.T.O. OFFICE, CHIKKODI,
TQ:CHIKKODI, DIST: BELGAUM
RAMA MARUTI MALI
SINCE DECEASED BY HIS LRS
PETITIONRS NO.4 TO 7
4. MARUTI RAMU MALI
AGED ABOUT 60 YEARS, OCC:AGRICULTURE
5. SAMBHOJI RAMU MALI
AGED ABOUT 54 YEARS, OCC:AGRICULTURE
6. SADASHIV RAMU MALI
AGED ABOUT 50 YEARS, OCC:AGRICULTURE
7. VASANT RAMU MALI
AGED ABOUT 45 YEARS, OCC:AGRICULTURE
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PETITIONES NO.4 TO 7 ARE
R/O. INDIRA NAGAR, CHIKKODI 591 201.
TQ: CHIKKODI,DIST: BELGAUM
...PETITIONERS
(BY SRI. GODE NAGARAJA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY REVENUE DEPARTMENT,
M.S. BUILDING, BANGALORE 560 001
2. THE LAND TRIBUNAL, CHIKODI
R/BY CHAIRMAN/
THE ASSISTANT COMMISSIONER
CHIKODI - 591 201, DIST: BELGAUM
3. THE TAHSILDAR
CHIKODI, TQ: CHIKODI,
DIST: BELGAUM 591 201
4. LAKAMAGOUDA BASAVAPRABHU SIR DESAI
SINCE DECEASED BY HIS LRS
4(A) BASAVAPRABHU LAKAMAGOUDA SIR DESAI,
AGE: 56 YEARS, OCC: BUSINESS.
R/O. KAMTENATTI, NOW AT PLOT NO. 24,
MRITYUNJAY NAGAR,
TILAKWADI, BELGAUM 591 201.
4(B) SHANKARAGOUD LAKAMAGOUDA SIR DESAI
AGE: 54 YEARS, OCC: BUSINESS.
R/O. KAMTENATTI, NOW AT PLOT NO.24,
MRITYUNJAY NAGAR, TILAKWADI,
BELGAUM 591 201.
5. SRI. DHAIRYASHEEL JYOTIRAO PATIL
AGE: 46 YEARS, OCC: BUSINESS
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE.
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6. NAYAK MAHADEV KRISHNA
AGE: 54 YEARS, OCC: BUSINESS
R/O. KEMPATTI, TQ: RAIBAGH
DIST. BELAGAVI
7. MIRJE SHIVJAAT BASAVARAJ
AGE: 50 YEARS, OCC: BUSINESS
R/O. CHIKKODI, TQ: CHIKKODI
DIST: BELAGAVI
8. PRAKASH SHIVRAM MANE
AGE: 53 YEARS, OCC: BUSINESS
R/O. SADASHIVNAGAR, BELAGAVI
9. SMT. PRACHI W/O. DHAIRYASHEEL PATIL
AGE: 42 YEARS, OCC: HOUSEHOLD
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE.
10. TILOTTAMA AMAR DESAI
AGE: 42 YEARS, OCC: HOUSEHOLD
R/O. YADUR, TQ: CHIKKODI
DIST. BELAGAVI.
11. RAHUL UDAYSINGHRAO DESAI
AGE: 42 YEARS, OCC: BUSINESS
R/O. YADUR, TQ: CHIKKODI
DIST. BELAGAVI.
12. VIKRANT AJIT DESAI
AGE: 28 YEARS, OCC: BUSINESS
R/O. YADUR, TQ: CHIKKODI
DIST. BELAGAVI
13. NITIN LAKSHMANRAO DESAI
AGE: 55 YEARS, OCC: HOUSEHOL
R/O. 106, DATTA NIVASA, BELAGAVI.
14. VENKATESH BHARATESH BANAVANE
AGE: 27 YEARS, OCC: HOUSEHOLD
R/O. YADUR, TQ: CHIKKODI
DIST: BELAGAVI.
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15. VASANT SHRIMANT SAMAJE
AGE: 72 YEARS, OCC: BUSINESS
R/O. NASLAPUR, TQ: RAIBAGH
DIST: BELAGAVI.
16. SHIVAPPA MAHADEV NAYAK
AGE: 49 YEARS, OCC: BUSINESS
R/O. KEMPATTI, TQ: RAIBAGH
DIST: BELAGAVI.
17. SUMAN W/O. PRATAP PATIL
AGE: 50 YEAS, OCC: HOUSEHOLD
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE.
18. HARSHVARDHAN
AGE: 30 YEARS, OCC: BUSINESS
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE
19. PRATAP LAKSHMAN PATIL
AGE: 65 YEARS, OCC: BUSINESS
R/O. NEAR STADIUM KOLHAPUR
MAHARASHTRA STATE.
...RESPONDENTS
(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R1 TO R2;
SRI. SHIVARAJ C. BELLAKKI, ADVOCATE FOR R4A & R4B;
SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R17 - R19;
R6 TO R8, R11 TO R19 - SERVED;
SERVICE HELD SUFFICIENT IN RESPECT OF R10)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DTD.25.08.1979 PASSED BY
THE 2ND RESPONDENT VIDE ANNEXURES-B, F AND H AND
ORDER DTD.08.06.2011 PASSED BY THE 2ND RESPONDENT
VIDE ANNEXURE-P.
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WP No. 77661 of 2013
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IN WRIT PETITION NO.106317/2014
BETWEEN:
1. SRI.ANAND DATTU CHAVAN
AGE: 32 YEARS, OCC: AGRICULTURE
R/O. INDIRA NAGAR, CHIKKODI
TQ: CHIKKODI, DIST: BELGAUM, PIN 591 201
2.. SRI.NANDU DATTU CHAVAN
AGE: 22 YEARS, OCC: AGRICULTURE
R/O. INDIRA NAGAR, CHIKKODI
TQ: CHIKKODI DIST: BELGAUM, PIN 591 201
3. SRI.MALLESH KRISHNA CHAVAN
AGE: 63 YEARS, OCC: AGRICULTURE
R/O. INDIRA NAGAR, CHIKKODI
TQ: CHIKKODI DIST: BELGAUM, PIN 591 201
4. SRI. MANOHAR KRISHNA CHAVAN
AGE: 53 YEARS, OCC: AGRICULTURE
R/O. INDIRA NAGAR, CHIKKODI
TQ: CHIKKODI DIST: BELGAUM, PIN 591 201
5. SRI.RAMACHANDRA SADASHIV CHAVAN
AGE: 38 YEARS, OCC: AGRICULTURE
R/O. INDIRA NAGAR, CHIKKODI
TQ: CHIKKODI DIST: BELGAUM, PIN 591 201
6. SANJAY SADASHIV CHAVAN
AGE: 35 YEARS, OCC: AGRICULTURE
R/O. INDIRA NAGAR, CHIKKODI
TQ: CHIKKODI DIST: BELGAUM, PIN 591 201
...PETITIONERS
(BY SRI. GODE NAGARAJA, ADVOCATE)
AND:
1. SRI.DHAIRYASHEEL JYOTIRAM PATIL
AGE: 41 YEARS, OCC: BUSINESS
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R/O.NEAR STADIUM KOLAPUR
MAHARASHTRA STATE
2. SMT. PRACHI W/O. DHAIRYASHEEL PATIL
AGE: 38 YEARS, OCC: HOUSEHOLD WORK
R/O.NEAR STADIUM KOLAPUR
MAHARASHTRA STATE
3. SMT.TILOTTAMA AMAR DESAI
AGE: 38 YEARS, OCC: HOUSEHOLD WORK
R/O. YADUR, TQ: CHIKODI
DIST: BELGAUM
4. SRI.RAHUL S/O. UDYASINGARAO DESAI
AGE: 38 YEARS, OCC: BUSINESS
R/O. YADUR, TQ: CHIKODI
DIST: BELGAUM
5. SRI.VIKRANT S/O. AJIT DESAI
AGE: 24 YEARS, OCC: BUSINESS
R/O. YADUR, TQ:CHIKODI
DIST: BELGAUM
6. SRI. NITIN S/O.LAXMANRAO DESAI
AGE: 51 YEARS, OCC: BUSINESS
R/O. 106 DATTANINIWAS,
HINDWADI, DIST: BELGAUM
7. SRI.VENKATESH S/O. BHARATESH BANAVANE
AGE: 23 YEARS, OCC: BUSINESS
R/O. NASALAPUR, TQ: RAIBAG
DIST: BELGAUM
8. SRI.VASANT S/O. SHREEMANT SAMAJE
AGE: 68 YEARS, OCC: BUSINESS
R/O. NASALAPUR, TQ: RAIBAG
DIST: BELGAUM
9. SRI.SHIVAPPA S/O. MAHADEV NAIK
AGE: 45 YEARS, OCC: BUSINESS
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R/O. KEMPATTI, TQ: RAIBAG
DIST: BELGAUM
10. SRI.MAHADEV S/O. KRISHNA NAIK
AGE: 50 YEARS, OCC: BUSINESS
R/O. KEMPATTI, TQ: RAIBAG
DIST: BELGAUM
11. SRI.SHIVAJAAT S/O. BASAVARAJ MIRJE
AGE: 46 YEARS, OCC: BUSINESS
R/O. CHIKKODI, TQ:CHIKODI
DIST: BELGAUM
12. SRI.PRAKASH S/O. SHIVARAM MANE
AGE: 49 YEARS, OCC: BUSINESS
R/O. SADASHIV NAGAR, BELGAUM
DIST: BELGAUM
13. SRI.NETRANI SHANKARAGOUDA SIRDESAI
AGE: 55 YEARS, OCC: AGRICULTURE
R/O. SADASHIV NAGAR, BELGAUM
DIST: BELGAUM
R/BY HER GPA HOLDER
BASAVAPRABHU LAKHAMAGOUDA SIRDESAI
AGE: 60 YEARS, OCC: AGRICULTURE
R/O. SADASHIVNAGAR, BELGAUM
14. SRI. SANJEEVINI BASAVAPRABHU SIRDESAI
AGE: 58 YEARS, OCC: AGRICULTURE
R/O. SADASHIV NAGAR, BELGAUM
DIST: BELGAUM
R/BY HER GPA HOLDER BASAVAPRABHU
LAKHAMAGOUDA SIRDESAI AGE: 60 YEARS, OCC:
AGRICULTURE R/O. SADASHIVNAGAR, BELGAUM
15. SRI. NIKIL SHANKARAGOUDA SIRDESAI
AGE: 50 YEARS, OCC: AGRICULTURE
R/O. SADASHIV NAGAR, BELGAUM
DIST: BELGAUM
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R/BY HIS GPA HOLDER BASAVAPRABHU
LAKHAMAGOUDA SIRDESAI AGE: 60 YEARS, OCC:
AGRICULTURE R/O. SADASHIVNAGAR, BELGAUM
16. SMT. ROHINI SHANKARAGOUDA SIRDESAI
AGE: 40 YEARS, OCC: HOUSEHOLD WORK
R/O. SADASHIV NAGAR, BELGAUM
DIST: BELGAUM
R/BY HER GPA HOLDER BASAVAPRABHU
LAKHAMAGOUDA SIRDESAI AGE: 60 YEARS, OCC:
AGRICULTURE R/O. SADASHIVNAGAR, BELGAUM
17. SMT.MEGHANA BASAVAPRABU SIRDESAI
AGE: 40 YEARS, OCC: HOUSEHOLD WORK
R/O. SADASHIV NAGAR, BELGAUM
DIST: BELGAUM
R/BY HER GPA HOLDER BASAVAPRABHU
LAKHAMAGOUDA SIRDESAI AGE: 60 YEARS, OCC:
AGRICULTURE R/O. SADASHIVNAGAR, BELGAUM
18. THE DEPUTY COMMISSIONER
FOR BELGAUM DISTRICT
D C COMPUND, BELGAUM
...RESPONDENTS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE OR
R1 TO R11;
SRI. SHIVARAJ C. BELLAKKI, ADVOCATE OR R12 TO R17;
SRI. SHIVAPRABHU HIREMATH, AGA FOR R18)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 06.02.2014 PASSED BY
RESPONDENT NO.18 VIDE ANNEXURE-J.
THESE PETITIONS, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, THE COURT
MADE THE FOLLOWING:
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COMMON ORDER
In writ petitions No.77661/2013, 66520//2012 and 77672/2013, the petitioners are assailing order dated 25.08.1979 and 25.09.1979, passed by the Land Tribunal, Chikkodi, rejecting the application made by the alleged tenants in the said proceedings.
2. The relevant facts for adjudication of these writ petitions are that;
2.1. Petitioners herein are claiming to be the tenants of the subject land totally measuring 409 acres 22 guntas of survey No.248 situate at Chikkodi village, Belagavi District. 2.2. The Land Tribunal, Chikkodi, after considering the material on record, by its order 25.09.1979 held that, the claimants in the said proceedings are not tenants as they are the agreement holders insofar as the land in question and most of the portion of the land is uncultivable in
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WP No. 77661 of 2013C/W WP No. 66520 of 2012, WP No. 77672 of 2013, WP No. 106317 of 2014 nature and accordingly, Land Tribunal has rejected the claim made by the claimants. 2.3. In the meanwhile, Land Tribunal had taken up proceedings under Section 67 of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the KLR Act', for brevity), insofar as surrender of the land in certain cases, which has to be identified as excess land against the land lords.
2.4. The Land Tribunal by its order dated 11.07.1997, passed an order holding that, the land owners are in excess of 314 acres 25 guntas as against total area of 409.22 guntas. 2.5. The said order passed by the Land Tribunal dated 11.07.1997 was questioned before this Court in Writ Petition No.37307/1997 and this Court by order dated 15.04.1998, set aside the order passed by the Land Tribunal and the matter was remitted to the Land Tribunal for
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WP No. 77661 of 2013C/W WP No. 66520 of 2012, WP No. 77672 of 2013, WP No. 106317 of 2014 fresh consideration after issue of notice to the petitioners.
2.6. Thereafter, the Land Tribunal after considering the material on record, by its order dated 08.06.2011, passed considered order, dropping the proceedings under Section 66 of the KLR Act.
2.7. Hence these writ petitions are filed by the petitioners who claim to be the tenants and have filed Form No.7 seeking occupancy rights in respect of the subject land.
3. I have heard the learned counsel appearing for the parties.
4. Sri. Gode Nagaraj, learned counsel appearing for the petitioners contended that, the finding recorded in the impugned order dated 25.08.1979, holding that the land in question is not a tenanted land and the tenants are being declared as the agreement holders by virtue of the
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WP No. 77661 of 2013C/W WP No. 66520 of 2012, WP No. 77672 of 2013, WP No. 106317 of 2014 sale agreement is incorrect and accordingly, he sought for interference of this Court. Insofar as delay in filing the writ petition is concerned, Sri. Gode Nagaraj, learned counsel, refers to paragraph 13 in Writ Petition No.77672- 74/2013, and contended that, the petitioners were not aware about the impugned order dated 25.08.1979 and accordingly, sought for condoning the delay in filing the writ petition.
5. Sri. R. K. Kulkarni, learned counsel appearing for some of the claimants urged that, some of the tenants were cultivating the vast land in survey No.248 and therefore, sought for conferring occupancy rights insofar as such tenants are concerned.
6. Insofar as delay in filing the writ petitions is concerned, Sri. R. K. Kulkarni, referred to paragraph 9 of the Writ Petition No.66520/2012 and argued that, the proceedings with regard to the surplus land itself was pending consideration before the Tribunal and the petitioners have filed a suit for specific performance of
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WP No. 77661 of 2013C/W WP No. 66520 of 2012, WP No. 77672 of 2013, WP No. 106317 of 2014 contract and the same is pending consideration before the Civil Court at the relevant point of time, and therefore, the petitioners did not choose to file writ petition challenging the order dated 25.08.1979, at the earliest period of time.
7. Per contra, Sri. Shivaraj Bellakki, learned counsel, contended that, the writ petitions deserves to be dismissed on the ground of delay and laches. He further contended that, after the remand made by this Court in Writ Petition No.37307/1997, proceedings were held before the Land Tribunal with regard to the surplus land/ excess land, under Section 67 of the KLR Act and therefore, petitioners herein have no locus standi to have their say in the matter. He further contended that, since already the Land Tribunal has arrived at a conclusion that the land in question is not a tenanted land and not cultivable in nature, the writ petitions deserve to be dismissed on merits.
8. Per contra, Sri.Sangram Kulkarni, and Sri.Mallikarjunswamy B. Hiremath, learned counsel
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WP No. 77661 of 2013C/W WP No. 66520 of 2012, WP No. 77672 of 2013, WP No. 106317 of 2014 appearing for purchasers of the portion of the land from respondent No.4 and 5 - land lords, argued that, as the petitioners themselves have stated in the writ petition that, the land lords being a owners have executed agreement of sale in favour of some of the persons, including the petitioners herein, who claim to be the tenants - petitioners herein and the said admission made in the pleadings itself is suffice to say that the writ petitions require to be dismissed on the ground of lack of locus standi. They also refers to the proceedings held under Section 67 of the KLR Act and submitted that, the said proceedings is between the State and the land lord, insofar as the excess of land is concerned and therefore, that itself is not the ground for the petitioners herein to preclude themselves in challenging the order passed on 25.08.1979 at the reasonable period.
9. Sri.Sangram kulkarni, learned counsel appearing for the purchasers of the land from the land lord argued that, the land purchased by his clients are not
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WP No. 77661 of 2013C/W WP No. 66520 of 2012, WP No. 77672 of 2013, WP No. 106317 of 2014 agricultural land and therefore, do not come within the purview of Section 2(18) of the KLR Act. Accordingly, he sought for dismissal of the petitions.
10. Sri. Shivaprabhu Hiremath, learned Additional Government Advocate, placed original records of the Land Tribunal and contended that that, the writ petitions deserve to be dismissed on the ground of delay and laches.
11. In the light of the submission made by the learned counsel appearing for the parties, the core questions to be answered is, whether the petitioners have made out a case for interference at this stage, after an inordinate delay of 34 years in passing the impugned order. That apart, it is well settled principle in law that, it is not the length of delay, but the cause for delay which shall be looked into while considering the applications/petitions, before entering into merits of the case or to satisfy regarding explanation offered by the applicants, in terms of law declared by the Hon'ble Apex
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WP No. 77661 of 2013C/W WP No. 66520 of 2012, WP No. 77672 of 2013, WP No. 106317 of 2014 Court in the case of Nagaland vs Lipok Ao & Ors reported in (2005) 3 SCC 752.
12. In this regard, I have carefully examined the argument advanced by learned counsel appearing for the petitioners, where they have pleaded that, the delay in filing the writ petitions was due to the proceedings pending consideration before the Land Tribunal under Section 67 of the KLR Act. Undoubtedly, the petitioners have no locus standi insofar as the proceedings under Section 67 of the KLR Act, as the same is between the land lords and the State Government. Therefore, following the law declared by the Hon'ble Apex Court in the case of Shankara Co-op Housing Society Ltd v. M. Prabhakar & Ors reported in AIR 2011 SC 2161, wherein Hon'ble Supreme Court held that, an unexplained delay on the part of the petitioners in approaching the High Court for redressal of their grievances under Article 226 of the Constitution of India was sufficient to justify rejection of the petition.
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13. In the case of Bangalore City Co-Operative Housing Society Ltd., Represented by its Secretary, Bharathi v/s State of Karnataka, Represented by its Secretary Revenue Department, Bangalore & Others, reported in (2012) 3 SCC 727, has held that, writ petition filed at the belated stage cannot be entertained while exercising writ jurisdiction, which is equitable jurisdiction under Article 226 of the Constitution of India. The Hon'ble Apex Court further held that, after referring to the earlier judgments, where the delay is of 6 years and 2 years, in questioning the impugned orders therein, held that, the unexplained delay in filing the writ petition requires to be set aside and the delay and laches is a self imposed restriction by the High Court while exercising jurisdiction under Article 226 of the Constitution of India to non suit the writ petition.
14. Nextly, in the case of State of Orissa and Another Vs. V. Mamata Mohanty reported in AIR 2011 SCW 1332, the Hon'ble Apex Court has held that, the writ
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WP No. 77661 of 2013C/W WP No. 66520 of 2012, WP No. 77672 of 2013, WP No. 106317 of 2014 petition requires to be dismissed at the initial stage itself, when order impugned is challenged after a considerable unexplained period.
15. In the case of State Of Madhya Pradesh vs Bhailal Bhai & Ors, reported in AIR 1964 SC 1006, the Constitution Bench of the Hon'ble Apex Court held that, the power to give relief under Article 226 Constitution of India is a discretionary power and while exercising the power under Article 226 of the Constitution of India, it is the general rule that, if there has been unreasonable delay, the court ought not to have ordinarily to lend its aid to a party by this extraordinary remedy and where there is delay, the Court should ordinary refuse to issue the writ to the petitioners.
16. Following the law declared by the Hon'ble Apex Court, I am of the opinion that, the writ petitions deserve to be dismissed on the ground of delay and laches, as the petitions have been filed after inordinate delay of 34 years of unexplained, insufficient stand to condone the same.
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17. In the result, writ petition Nos.77661/2013, 77672/2013 and 66520/2012 are dismissed. The order passed by the Land Tribunal, Chikkodi dated 25.08.1979 is confirmed.
18. Insofar as the Writ petition No.106317/2014 is concerned, where the petitioners, who claim to be the tenants, have challenged the proceedings dated 06.02.2014, passed by the Deputy Commissioner, Belagavi, and respondent-authority, after considering the material on record, dismissed the revision petition under Section 136 (3) of the Karnataka Land Revenue Act, 1964. As the Writ Petitions filed by the petitioners is rejected with regard to claiming occupancy rights in respect of the Survey No.246 of Chikkodi village, the Writ Petition No.106317/2014 is liable to be dismissed. It is also made clear that, as the petitioners have not established that they are cultivating the land as tenants under the provisions of the Karnataka Land Reforms Act, 1961 and fails to establish the right in the present writ petition and
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WP No. 77661 of 2013C/W WP No. 66520 of 2012, WP No. 77672 of 2013, WP No. 106317 of 2014 further, the petitioners herein are precluded from claiming relief insofar as the order dated 08.06.2011, which is the proceedings under Section 67 of the Karnataka Land Reforms Act, 1961. With these observations, Writ Petition No.106317/2014 is dismissed.
Sd/-
JUDGE gab List No.: 1 Sl No.: 12