Karnataka High Court
London Mission Society vs The State Of Karnataka on 2 June, 2014
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 2ND DAY OF JUNE 2014
BEFORE
THE HON'BLE MR. JUSTICE H.BILLAPPA
WRIT PETITION NO.80778/2013 (GM-CPC)
BETWEEN:
London Mission Society
Rep. by its successors in title
Church of South India Trust Association,
A Company registered under
Indian Companies Act,
Having its regd. Office at Chennai and one of
its Diocese-Karnataka Northern Diocese
All Saints' Church Compound,
Haliyal Road, Dharward-580008,
Herein rep. by its duly authorized office
Bearers and power of attorney holders.
1. Dr.M.N.Hanchimani
Secretary -KND,
Age: 58 years,
R/o.All Saints Church Compound,
Haliyal Road, Dharwad.
2. Mr.M.J.Muddebihal,
Treasurer - KND,
Age 60 years,
R/o.All Saints Church Compound,
:2:
Haliyal Road, Dharwad. .. PETITIONERS
(By Sri.C.V.Angadi, Adv.)
AND:
1. The State of Karnataka,
Rep. by its Chief Secretary,
Vidhan Soudha,
Bangalore-560002.
2. The Deputy Commissioner,
Bellary. .. RESPONDENTS
(By Sri.K.S.Patil, HCGP)
****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER PASSED BY THE
RESPONDENT NO.2 DT.16.5.2012 INSOFAR AS LAND
BEARING Sy.No.21 MEASURING 12 ACRES, SITUATED AT
RAMGAD VILLAGE, SANDUR TALUK, BELLARY DISTRICT IS
CONCERNED.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:
:3:
ORDER
Heard the learned counsel for the petitioner and also the learned Government Pleader for the respondents 1 and
2.
2. In this writ petition under Articles 226 & 227 of the Constitution of India, the petitioner has called in question the order dated 16.5.2012 passed by the second respondent in case No.REV/LND/43/2008-09 vide Annexure-'A'.
3. The learned counsel for the petitioners and also the learned Government Pleader submit that the impugned order was challenged in W.P.No.69905/2012 and this Court has rejected the writ petition reserving liberty to the petitioner therein to approach the Forest Settlement Officer or a Civil Court and seek relief. Therefore, the writ petition :4: may be disposed of in terms of the order passed in W.P.No.69905/2012.
Accordingly, this writ petition is disposed of reserving liberty to the petitioner to approach the Forest Settlement Officer or a Civil Court for appropriate relief. If the petitioner obtains order or decree in its favour from the competent authority or the Civil Court, then, the entries in the revenue records need to be made in terms of the order or decree.
Sd/-
JUDGE Bss