Karnataka High Court
Smt. Meena W/O Anant Mutalik vs Savitri D/O Ramachandra Nadagouda on 6 December, 2021
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 06thDAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.NO.103243/2021 (GM-CPC)
C/W W.P.NO.100195/2021, W.P.NO.100199/2021,
W.P.NO.102937/2021 & W.P.NO.103779/2021
IN W.P.NO.103243/2021:
BETWEEN:
SMT. MEENA W/O. ANANT MUTALIK
AGE: 71 YEARS, OCC.: HOUSEHOLD
R/O. NO. 32, SANT NAGAR, 5TH CROSS,
BELAGAVI CURRENT R/O. ASHOK NAGAR,
HUBBALLI, DIST.: DHARWAD - 580011
... PETITIONER
(BY SHRI S.A. SANDUR FOR SHRI K.L. PATIL, ADVOCATE)
AND:
GOPALRAO DATTATRYA DESAI
DECEASED BY HIS L.RS.
1. SMT. GANGUBAI W/O. GOPALRAO DESAI,
AGE: 68 YEARS, OCCUPATION: HOUSE WIFE,
R/O. GOULI GALLI, DURGADABAIL,
HUBBALLI,DIST.: DHARWAD 580-025
2. SMT. CHANDA W/O. RATNAKAR JOSHI,
AGE: 42 YEARS, OCCUPATION: HOUSE WIFE,
RESIDING AT NEAR SHIVA MANDIR,
IV PHASE YALAHANKA, BANGALORE - 560001.
3. SMT. CHANDA W/O. RATNAKAR JOSHI,
AGE: 42 YEARS, OCCUPATION: HOUSE WIFE,
RESIDING AT NEAR SHIVA MANDIR,
:2:
IV VASE YALAHANKA, BANGALORE - 560001.
4. SHRIRANJINI W/O. VENKATESH D.N.
AGE: 30 YEARS, OCCUPATION: HOUSE WIFE,
R/O. C/O. G.N. VENKATESH MONAK-GROUP-54,
BRIGADE ROAD, BANGALORE - 560001.
5. SHANTA D/O. KRISTARAO DESHPANDE,
AGE 64 YEARS, OCC:: HOUSEHOLD WORK,
R/O. MARUTI DHARBANGHA,
OPP. N.T.R. THEATER, ABITS ROAD, HYDERBAD,
STATE: ANDHRA PRADESH - 500-001
6. SRI. NAGESHWARRAO DESAI
AGE: MAJOR, OCC.: RETIRED,
R/O. RAJ NAGAR, HUBBALLI,
DIST.: DHARWAD - 580-025.
7. SMT. GEETA NARAYANRAO KULKARNI
AGE: 72 YEARS, OCC: HOUSEHOLD,
R/O. VIDYAGIRI, TQ & DT: DHARWAD-580002.
8. SRI RAJA NAGESHWARRAO DESAI
AGE: 70 YEARS, OCC.: RETIRED,
R/O. RAJ NAGAR, HUBBALLI,
DIST.: DHARWAD - 580-025.
9. SRI. GURUNATH S/O. NAGESHWARRAOD DESAI
AGE: 64 YEARS, OCC.: BUSINESS,
R/O.31, ASHOK NAGAR, HUBBALLI
DIST.: DHARWAD - 580025.
10. SMT. PADMAVATI D/O. DATTATRAYA DESAI,
AGE 68 YEARS, OCC: HOUSEHOLD WORK,
R/O. RAMAKRISHNA NAGAR,
6TH MAIN ROAD, HUBBALLI,
DIST.: DHARWAD - 580011.
11. SMT. SHOBHA D/O. DATTATRAYA DESAI,
AGE 52 YEARS, OCC: HOUSEHOLD WORK,
R/O. SHAKTI COLONY, HUBBALLI,
DIST.: DHARWAD - 580032.
:3:
12. SMT. USHA ALIAS KAMALABAI
W/O. GOVINDARAJ DESHPANDE,
AGE 48 YEARS, OCC: HOUSEHOLD WORK,
RESIDING AT DESHPANDE GALLI,
SHUKRAVAR PETH, DHARWAD - 580001.
13. SMT. SHANTA D/O. KRISTARAO DESHPANDE,
AGE 64 YEARS, OCC: HOUSEHOLD WORK,
R/O. HYDERBAD,
STATE: ANDHRA PRADESH - 500-001.
14. AMBABI NARASHARI DESHPANDE,
AGED ABOUT 68 YEARS,
OCCUPATION: AGRICULTURE,
R/O. NEKAR NAGAR, DHARWAD - 580001.
15. RAJENDRA NARASHARI DESHPANDE,
AGED ABOUT 50 YEARS,
OCCUPATION: AGRICULTURE,
R/O. NEKAR NAGAR, DHARWAD - 580001.
16. SURESH NARASHARI DESHPANDE,
AGED ABOUT 68 YEARS,
OCCUPATION: AGRICULTURE,
R/O. NEKAR NAGAR, DHARWAD - 580001.
17. CHIDAMBAR NARSAHARI DESHPANDE,
AGED ABOUT 45 YEARS,
OCCUPATION: AGRICULTURE,
R/O. NEKAR NAGAR, DHARWAD - 580001.
18. CHIDAMBAR NARSAHARI DESHPANDE,
AGED ABOUT 45 YEARS,
OCCUPATION: AGRICULTURE,
R/O. LAXMI NAGAR, DHARWAD - 580001.
19. JANAKIBAI RAMACHANDRA NADAGOUDA,
AGE: 70 YEARS, OCCUPATION: AGRICULTURE,
RESIDING AT: AKALAWADI CHAWL, MALAMADDI,
DHARWAD - 580007.
20. SAVITRI RAMACHANDRA NADAGOUDA,
AGE: 50 YEARS, OCCUPATION: AGRICULTURE,
RESIDING AT: AKALAWADI CHAWL, MALAMADDI,
:4:
DHARWAD - 580007.
21. NARAYAN RAMACHANDRA DESHPANDE,
AGED: 84 YEARS, OCCUPATION: AGRICULTURE,
R/O. GAONKAR CHAWL, P.B. ROAD,
DHARWAD - 580001.
22. RANGANATH RAMACHANDRA DESHPANDE,
AGED: 80 YEARS, OCCUPATION: AGRICULTURE,
R/O. 681, EWS, NAVANAGAR, HUBBALLI,
DIST.: DHARWAD - 580020.
23. PADMAVATI SRINIVAS DESHPANDE,
AGED: 60 YEARS, OCCUPATION: AGRICULTURE,
R/O. DESHPANDE ONI, DHARWAD - 580001.
24. GIRIJA MAHASHABDE,
AGED: 38 YEARS, OCCUPATION: AGRICULTURE,
R/O. DESHPANDE ONI, DHARWAD - 580001.
25. RADHIKA E. BURLI,
AGED: 36 YEARS, OCCUPATION: AGRICULTURE,
RESIDING AT DESHPANDE ONI,
DHARWAD - 580001
26. SHRIDEVI SHRIKANT DESAI,
AGE: 34 YEARS, OCCUPATION: AGRICULTURE,
R/O. DESHPANDE ONI, DHARWAD - 580001.
27. LAXMIKANT DESHPANDE,
AGE: 32 YEARS, OCCUPATION: AGRICULTURE,
RESIDENT OF DESHPANDE GALLI,
DHARWAD - 580001.
28. BHASKAR DATTATRAYA DESHPANDE,
AGE: 60 YEARS, OCCUPATION: AGRICULTURE,
RESIDENT OF DESHPANDE GALLI,
DHARWAD - 580001.
29. RAVI SRINIVAS DESHPANDE,
AGE: 55 YEARS, OCCUPATION: AGRICULTURE,
R/O. DESHPANDE GALLI, DHARWAD - 580001.
:5:
30. RAMACHANDRA VASUDEV DESHPANDE,
AGE: 52 YEARS, OCCUPATION: AGRICULTURE,
RESIDENT AT ENGINEER OF Z.P. OFFICE,
DHARWAD - 580001.
31. RAJEEV VASUDEV DESHPANDE,
AGE: 50 YEARS, OCCUPATION: AGRICULTURE,
RESIDENT AT NEAR LAXMI TEMPLE, NARAYANAPUR,
DHARWAD - 580001.
32. GOVIND GURUNATH DESHPANDE,
AGE: 55 YEARS, OCCUPATION: AGRICULTURE,
RESIDING AT. TELEPHONE OFFICE,
DHARWAD - 580001.
33. SRI ASHOK GURUNATH DESHPANDE,
AGE: 52 YEARS, OCCUPATION: AGRICULTURE,
R/O. KUMBAR ONI, NEAR KAMANAKATTI,
DHARWAD - 580012.
34. SHRINIVAS GURUNATH DESHPANDE,
AGED: 50 YEARS, OCCUPATION: AGRICULTURE,
R/O. CHAITANYA NIVAS, OLD BHADRAVATI.
35. SHOBHA RAGUNATH DESHPANDE,
AGE: 60 YEARS, OCCUPATION: AGRICULTURE,
RESIDING OF C/O. H.C.ODEYAR,
JADHAV BUILDING,
BEHIND SUKHA NIVAS APARTMENT,
CHANNAMMA NAGAR, KHANAPUR ROAD,
BELGAUM - 590001.
36. BHAGYASHREE HANUMANTRAO VODEAR,
AGED: 36 YEARS, OCCUPATION: AGRICULTURE,
RESIDING OF C/O. H.C.ODEYAR,
JADHAV BUILDING,
BEHIND SUKHA NIVAS APARTMENT,
CHANNAMMA NAGAR, KHANAPUR ROAD,
BELGAUM - 590001.S
37. VIJAYALAXMI BHEEMAPPAYYA DESAI,
AGE 34 YEARS, OCCUPATION: AGRICULTURE,
RESIDENT OF GADAG-BETAGERI,
GADAG - 581117.
:6:
SOMANATH GOVINDRAO DESHPANDE
SINCE DECEASED BY LRS
38. SRI. JEEVANRAO S/O. GOVINDRAO DESHPANDE
AGE: MAJOR, OCC.: AGRICULTURE
R/O. DESHPANDE GALL, DHARWAD - 580001.
39. SRI. SHRIPAD S/O. GOVINDRAO DESHPANDE
AGE: MAJOR, OCC.: PRIVATE BUSINESS
R/O. DESHPANDE GALL, DHARWAD - 580001.
40. SMT. SANDHYA D/O. SOMANATH
DESPANDE @ VAIDYA
AGE: MAJOR, OCC.: HOUSEWIFE,
R/O. DEPANDE GALLI, DHARWAD - 580001
PRESENTLY AT GOKUL ROAD,
HUBBALLI - 580025.
41. SUNANDA EKANATH DESHPANDE,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
R/O. DESHPANDE GALLI, DHARWAD - 580001.
42. SHRIKANT EKANATH DESHPANDE,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
R/O. DESHPANDE GALLI, DHARWAD - 580001.
43. RADHA KRISHNARAO PATIL,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
R/O. RADHAKRISHNA NAGAR,
DHARWAD - 580001.
44. DEEPA RAMESH KULKARNI,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
R/O. DESHPANDE GALLI, DHARWAD - 580001.
45. SHESHAGIRI DATTATRAYA DESAI,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
R/O. C/O. A. V. ALAVANDI,
CHAITANYA NIVAS ROAD,
VANITA SAMAJ, DHARWAD - 580001.
46. SHANTABAI VINAYAK ALAVANDI,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
R/O. CHAITANYA NIVAS, VANITA SAMAJ ROAD,
:7:
DHARWAD - 580001.
47. ANAND VINAYAK ALAVANDI,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
RESIDING AT CHAITANYA NIVAS,
VANITA SAMAJ ROAD, DHARWAD - 580001.
48. RAVI VINAYAK ALAVANDI,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
R/O. CHAITANYA NIVAS, VANITA SAMAJ ROAD,
DHARWAD - 580001.
49. SHANKAR VINAYAK ALAVANDI,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
R/O. CHAITANYA NIVAS, VANITA SAMAJ ROAD,
DHARWAD - 580001.
50. RAGHUVEER SHANKAR-RAO ALAVANDI,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
RESIDENT OF CHAITANYA NIVAS,
VANITA SAMAJ ROAD, DHARWAD - 580001.
51. MEERA SATISHRAO PATIL
AGE: MAJOR, OCC.: AGRICULTURE
R/O. MAHIDRAKAR CHAWL,
DHARWAD - 580001.
52. VIMALABAI NARAYAN PATIL,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
RESIDING AT MAHINDRAKAR CHAWL,
DHARWAD - 580001.
53. BASANT SRIPAD NADGIR,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
R/O. C/O. M. R. PARANDE, 4TH CROSS,
GANDHINAGAR, DHARWAD - 580001.
54. GURUNATH SRIPAD NADGIR,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
R/O. 121, CHIDAMBAR NAGAR, TILAKWADI,
BELGAUM - 590001.
55. PADMABAI KRISHNARAO NAYAK,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
:8:
R/O. C/O. GURUNATH NADGIR, 121,
CHIDAMBAR NAGAR, TILAKWADI,
BELGAUM - 590001.
56. SHANTABAI KRISHNARAO NAYAK,
AGE: MAJOR, OCCUPATION: AGRICULTURE,
R/O. C/O. GURUNATH NADGIR, 121,
CHIDAMBAR NAGAR,
TILAKWADI, BELGAUM - 590001.
57. SUNDARABAI PARASHURAM SURPUR,
AGE: MAJOR, OCCUPATIN: AGRICULTURE,
R/O. C/O. GURUNATH NADGIR, 121,
CHIDAMBAR NAGAR,
TILAKWADI, BELGAUM - 590001.
58. VASANTRAO GURURAO KULKARNI,
AGE: MAJOR OCCUPATION: AGRICULTURE,
R/O. MODERN HALL OPP.
DHARWAD - 590001.
59. VASANTRAO GURURAO KULKARNI,
AGE: MAJOR OCCUPATION: AGRICULTURE,
R/O. MODERN HALL OPP.
DHARWAD - 590001.
60. ARUN RAMACHANDRA KULKARNI,
AGE: MAJOR OCCUPATION: AGRICULTURE,
R/O. C/O. V. G. KULKARNI, OPP.MODERN HALL,
DHARWAD - 580007.
61. THE STATE OF KARNATAKA
REPRESENTED BY THE DEPUTY
COMMISSIONER, DHARWAD - 580001.
62. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS,
DHARWAD - 580001
63. THE ASSISTANT COMMISSIONER,
& SLAO, DHARWAD-580001.
64. THE GENERAL MANAGER (CONSTRUCTION)
THROUGH DEPUTY CHIEF ENGINEER,
DHARWAD, KAMBHARGANALLI (CONSTRUCTION)
:9:
SOUTH WESTERN RAILWAYS,
HUBBALLI, DIST: DHARWAD.
... RESPONDENTS
(By SRI.SHRIHARSHA A NEELOPANT, ADV. FOR R1;
SRI.VYAS DESAI, ADV. FOR R5;
SRI.PRASHANT V MOGALI, HCGP FOR R61-63;
SRI.MALLIKARJUN S HIREMATH, ADV. FOR R64;
SRI.S.L.MATTI, ADV. FOR R20;
SRI.CHETAN MUNNOLI, ADV. FOR R12;
R1-11 & R13-R60 NOTICE DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT IN THE NATURE OF CDERTIORARI QUASHING THE
IMPUGNED ORDER DATED 28/07/2021 PASSED BY THE III
ADDL. SENIOR CIVIL JUDGE AND C.J.M., DHARWAD, IN OS
NO.12/2004 VIDE ANNEXURE-H AND ALLOW THE APPLICATION
DATED 27/09/2019 FILED BY THE PETITIONER.
IN W.P.NO.100195/2021
BETWEEN:
SMT. MEENA W/O ANANT MUTALIK,
AGE. 65 YEARS,OCC. HOUSEHOLD,
R/O. ASHOK NAGAR,HUBBALI,
DIST. DHARWAD-580001.
... PETITIONER
(BY SRI.S.A.SONDUR FOR SRI.K L PATIL, ADV.)
AND
DATTATREYA S/O GANGADHAR DESHPANDE
SINCE DECEASE D BY LRS.
1. SAVITRI D/O RAMACHANDRA NADAGOUDA
R/O. DHARWAD-580001.
: 10 :
2. SMT.MALATIBAI @ AMBABAI
W/O. LATE NARAHARI DESHAPANDE
AGE. 78 YEARS,OCC. HOUSEHOLD WORK,
R/O. NEKAR NAGAR, HUBBALLI-580009.
3. SMT.MEENAXI D/O. LATE NARAHARI DESHAPANDE
AGE. 53 YEARS,OCC. HOUSEHOLD WORK,
R/O. NEKAR NAGAR,HUBBALLI-580009.
4. RAJENDRA S/O. DECEASED NARAHARI DESHAPANDE
AGE. 51 YEARS,OCC. SERVICE,
R/O. SAUNDATTI,DIST. BELAGAVI-590001.
5. SURESH S/O. LATE NARAHARI DESHAPANDE
AGE. 49 YEARS,OCC. NIL,
R/O. NEKAR NAGAR,HUBBALLI-580009.
6. CHIDAMBAR S/O. LATE NARAHARI DESHAPANDE
AGE. 47 YEARS,OCC. BUSINESS,
R/O. NEKAR NAGAR,HUBBALLI-580009.
KESHAV S/O. SREEPAD DESHAPANDE
SINCE DECEASED BY HIS LRS
7. GEETA W/O. DECEASED KESHAV DESHAPANDE
AGE. 65 YEARS,OCC. HOUSEHOLD WORK,,
R/O. LAXMI NAGAR,DHARWAD-580001.
8. SHRIPADRAJ S/O. DECEASED KESHAV DESHAPANDE
AGE. 35 YEARS,OCC. ADVOCATE,
R/O.LAXMI NAGAR,DHARWAD-580001.
9. THE ASSISTANT COMMISSIONER AND
THE LAND ACQUISITION OFFICER
DHARWAD SUB-DIVISION, DHARWAD-580001.
10 . DEPUTY CHIEF ENGINEER CONSTRUCTION/III
SOUTH WESTERN RAILWAY,
HUBBALL-580009.
... RESPONDENTS
(By SRI.S.L.MATTI, ADV. FOR R1;
SRI.CHETAN MUNNOLI, ADV. FOR R3 & R5-R8;
SMT.VAISHALI K KALADAGI, ADV. FOR R4;
: 11 :
SRI.MALLIKARJUN S HIREMATH, ADV. FOR R10;
SRI.PRASHANT V MOGLI, HCGP FOR R9)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TOISSUE A
WRIT OF CERTIORARI TO QUASH THE COMMON ORDER DATED
17.06.2020 PASSED IN LAC NO.24/2010 AND 1/2012 ON THE
FILE OF THE HON BLE II ADDITIONAL SENIOR CIVIL JUDGE AND
JMFC, DHARWAD (ANNEXURE A).
IN W.P.NO.100199/2021:
BETWEEN:
SMT. MEENA W/O ANANT MUTALIK
AGE 65 YEARS, OCC HOUSEHOLD,
R/O ASHOK NAGAR HUBBALLI,
DIST DHARWAD-580001.
... PETITIONER
(BY SRI.S.A.SONDUR, ADV. & SRI.K L PATIL, ADV.)
AND:
NARAHARI S/O SHREEPAD DESHAPANDE,
SINCE DECEASED BY HIS LRS.
1. SMT. MALATIBAI ALIAS AMBABAI
W/O LATE NARAHARI DESHPANDE
AGE 78 YEARS,OCC HOUSEHOLD WORK,
R/O NEKAR NAGAR,HUBBALLI-580009.
2. SMT.MEENAXI D/O ALTE NARAHARI DESHPANDE
AGE 53 YEARS,OCC HOUSEHOLD WORK,
R/O NEKAR NAGAR,HUBBALLI-580009.
3. RAJENDRA S/O LATE NARAHARI DESHPANDE
AGE 51 YEARS,OCC SERVICE,
R/O SAUNDATTI,DIST BELAGAVI-590001.
: 12 :
4. SURESH S/O LATE NARAHARI DESHPANDE
AGE 49 YEARS,OCC NIL,
R/O NEKAR NAGAR,HUBBALLI-580009.
5. CHIDAMBAR S/O LATE NARAHARI DESHPANDE
AGE 47 YEARS,OCC BUSINESS,
R/O NEKAR NAGAR,HUBBALLI-580009.
KESHAV S/O SREEPAD DESHPANDE,
SINCE DECEASED BY HIS LRS.
6. SMT.GEETA W/O LATE LKESHAV DESHPANDE
AGE 65 YEARS,OCC HOUSEHOLD WORK,
R/O LAXMI NAGAR,DHARWAD-580001.
7. SHRIPADRAJ S/O LATE KESHAV DESHPANDE
AGE 35 YEARS,OCC ADVOCATE,
R/O LAXMI NAGAR,DHARWAD-580001.
8. DATTATREYA S/O GANGADHAR DESHPANDE
AGE-35 YEARS, OCC: SERVICE,
9. THE ASSISTANT COMMISSIONER AND
THE LAND ACQUISITION OFFICER,
DHARWAD SUB DIVISION,
DHARWAD-580001.
10 . DEPUTY CHIEF ENGINEER, CONSTRUCTIN/III
SOUTH WESTERN RAILWAY
HUBBALLI-580009.
... RESPONDENTS
(BY SMT.VAISHALI K KALADAGI, ADV. FOR R3
SRI.PRASHANT S MOGLI, HCGP FOR R9;
SRI.MALLIKARJUN S HIREMATH, ADV. FOR R10;
NOTICE TO R2,4,5,6 & 7 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TOISSUE A
WRIT OF CERTIORARI TO QUASH THE COMMON ORDER DATE
17.06.2020 PASSED IN LAC NO.175/11 ON THE FILE OF THE
: 13 :
HONBLE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
DHARWAD (ANNEXURE-A).
IN W.P.NO.102937/2021:
BETWEEN
1. SMT. SUDHA W/O MOHANRAO JOSHI
AGE 75 YEARS,OCC:HOUSE HOLD,
R/O SHAKTI COLONY, HUBBALLI,
TQ HUBBALLI,DIST DHARWAD,
PIN CODE 580032.
2. PADMA W/O MOHANRAO KULKARNI
AGE 81 YEARS,OCC: HOUSE HOLD,
R/O 6TH MAIN ROAD,
RAMAKRISHNA NAGAR, HUBLI,
TQ HUBBALLI,DIST DHARWAD.
... PETITIONERS
(BY SRI.S S BAWAKHAN, ADV.)
AND
1. THE ASSISTANT COMMISSIONER
DHARWAD DIVISION,
DHARWAD-580001.
2. THE DEPUTY CHIEF ENGINEER, CONSTRUCTION III,
SOUTH WESTERN RAILWAYS, RAIL SOUDHA,
GADAG ROAD, HUBBALLI,TQ HUBBALLI,
DIST DHARWAD.
3. SMT. MALATIBAI ALIAS AMBABAI
W/O NARAHARI DESHPANDE,
AGE 80 YEARS,OCCUPATION HOUSE HOLD,
R/O NEKAR NAGAR HUBBALLI,
TQ HUBBALLI,DIST DHARWAD.
4. SMT. MEENAI D/O NARAHARI DESHPANDE
AGE : 58YEARS, OCCUPATION HOUSE HOLD,
R/O NEKAR NAGAR HUBBALLI,
TQ HUBBALLI,DIST DHARWAD.
: 14 :
5. RAJENDRA S/O NARAHARI DESHPANDE
AGE 54 YEARS,OCCUPATION SERVICE,
R/O NEKAR NAGAR HUBBALLI,
TQ HUBBALLI,DIST DHARWAD.
6. SURESH S/O NARAHARI DESHPANDE
AGE 53 YEARS,OCCUPATION NIL,
R/O NEKAR NAGAR HUBBALLI,
TQ HUBBALLI,DIST DHARWAD.
7. CHIDAMBAR S/O NARAHARI DESHPANDE
AGE 51 YEARS,OCCUPATION HOUSE HOLD,
R/O NEKAR NAGAR HUBBALLI,
TQ HUBBALLI,DIST DHARWAD.
8. GEETA W/O KESHAV DESHPANDE
AGE 69 YEARS, OCCUPATION HOUSE HOLD,
R/O LAMI NAGAR, DHARWAD,
TQ AND DIST DHARWAD.
9. SHRIPADRAJ S/O KESHAV DESHPANDE
AGE 39 YEARS,OCCUPATION ADVOCATE,
R/O LAMI NAGAR, DHARWAD,
TQ AND DIST DHARWAD.
10 . DATTATREYA S/O GANGADHAR DESHPANDE
AGE YEARS, OCCUPATION
R/O
... RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TOA.ISSUE WRIT OF
CERTIORARI QUASHING IMPUGNED ORDER DATED 17.06.2020,
PASSED BY IIND ADDITIONAL SENIOR CIVIL JUDE AND JMFC,
DHARWAD ON I.A.NO.X, IN LAC NO.24/2010 AND 1/2012 VIDE
ANNEXURE-A AND CONSEQUENTLY ALLOW IA NO.X AND ETC.,
: 15 :
IN W.P.NO.103779/2021:
BETWEEN
1. SMT. SUDHA W/O. MOHANRAO JOSHI
AGE. 75 YEARS,OCC. HOUSEHOLD,
R/O. SHAKTI COLONY,HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD
PIN CODE. 580032.
2. PADMA W/O. MOHANRAO KULKARNI
AGE. 81 YEARS,OCC. HOUSEHOLD,
R/O. 6TH MAIN ROAD, RAMAKRISHNA NAGAR,
HUBLI, HUBBALLI,TQ. HUBBALLI,
DIST. DHARWAD
...PETITIONERS
(BY SRI.S S BAWAKHAN, ADV.)
AND
1. THE ASSISTANT COMMISSIONER,
DHARWAD DIVISION, DHARWAD
DHARWAD-580001.
2. THE DEPUTY CHIEF ENGINEER, CONSTRUCTION III
SOUTH WESTERN RAILWAYS, RAIL SOUDHA,
GADAG ROAD, HUBBALLI, TQ. HUBBALLI.
DIST. DHARWAD.
3. SMT.MALATIBAI @ AMBABAI
W/O. NARAHARI DESHAPANDE
AGE. 80 YEARS,OCC. HOUSEHOLD,
R/O. NEKAR NAGAR, HUBBALLI,
TQ. HUBBALLI,DIST. DHARWAD.
4. SMT.MEENAI D/O. NARAHARI DESHAPANDE
AGE. 58 YEARS,OCC. HOUSEHOLD,
R/O. NEKAR NAGAR HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD.
5. RAJENDRA S/O. NARAHARI DESHAPANDE
AGE. 54 YEARS,OCC. SERVICE,
R/O. NEKAR NAGAR HUBBALLI,
: 16 :
TQ. HUBBALLI, DIST. DHARWAD.
6. SURESH S/O. NARAHARI DESHAPANDE
AGE. 53 YEARS,OCC. NIL,
R/O. NEKAR NAGAR HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD.
7. CHIDAMBAR S/O. NARAHARI DESHAPANDE
AGE. 51 YEARS,OCC. HOUSEHOLD,
R/O. NEKAR NAGAR HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD.
8. GEETA W/O. KESHAV DESHAPANDE
AGE. 69 YEARS,OCC. HOUSEHOLD,
R/O. LAXMI NAGAR,
TQ AND DIST. DHARWAD.
9. SHRIPADRAJ S/O. KESHAV DESHAPANDE
AGE. 39 YEARS,OCC. ADVOCATE,
R/O. LAXMI NAGAR,
TQ AND DIST. DHARWAD.
10 . DATTATREYA S/O. GANGADHAR DESHAPANDE
AGE. , OCC.
R/O."
....RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TOA. ISSUE WRIT OF
CERTIORARI QUASHING IMPUGNED ORDER DATED 17/06/2020,
PASSED BY II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC
DHARWAD, ON IA NO.X, IN LAC NO.175/2011 VIDE ANNEXURE-
A AND CONSEQUENTLY ALLOW IA NO.X AND ETC.,
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
: 17 :
ORDER
1. In a suit for partition, the defendant made an application for impleading the Special Land Acquisition Officer and the beneficiary of the acquisition, contending that certain suit item properties had been acquired and compensation had also been awarded and it was therefore necessary to implead them.
2. In the companion batch of writ petitions i.e., W.P.No.100195/2021, W.P.No.100199/2021 and W.P.No.103779/2021, in a proceeding seeking for enhancement of compensation under Section 18 of the Land Acquisition Act, 1894 (for short 'the Act'), the petitioners had made an application to implead themselves on the ground that they were also coparceners of the property and as a matter of fact, there was a partition suit pending in respect of the family properties and the acquired lands were also one of the suit schedule properties and they were necessary parties and ought to be impleaded.
3. The Trial Court, in the suit for partition, rejected the application for impleading the SLAO and the beneficiary on the ground that they were neither necessary nor proper : 18 : parties having regard to the fact that the suit was for partition and only the rights of the petitioners and their family members were required to be determined.
4. The Reference Court has also rejected the application filed by the parties to the suit in the reference proceedings.
5. Before me, it is admitted that the compensation awarded by the Land Acquisition Officer has already been withdrawn by the 4th defendant. In view of the fact that the compensation in respect of the acquired lands have already been withdrawn by the 4th defendant, there would be no need to implead either the SLAO or the beneficiaries as they have no further role to play.
6. In the suit for partition, the entitlement of the 4th defendant to withdraw entire compensation and appropriating it to himself would obviously be considered by the Civil Court. If the Civil Court were to come to the conclusion that other parties to the suit also had a share in the property which had been acquired, obviously, the compensation which the 4th defendant has withdrawn would have to be made accountable : 19 : and the respective share of the other parties to the suit and the 4th defendant would have to make good their share from the compensation that he has withdrawn.
7. As far as the application for impleadment in the Reference Court proceedings in concerned, since the parties are admittedly litigating amongst themselves claiming for a share in other properties including the property which has been acquired, it would be necessary to implead them as parties.
8. I, say so, because if in the event, the plaintiff were to succeed in the suit, he would have succeeded to the properties and he would obviously be considered as co-a claimant. Similarly if the shares are granted to other defendants in the suit for partition, they would also be entitled to participate in the proceedings before the Reference Court and claim higher compensation as the properties would be considered as family properties. The Reference Court was therefore incorrect in rejecting the impleading application.
9. Consequently, the impleading application filed by the plaintiffs in W.P.No.100195/2021, W.P.No.100199/2021 : 20 : and W.P.No.103779/2021 shall stand allowed. They shall be permitted to participate in the reference proceedings and assist the Court in determining the appropriate compensation payable.
10. In my view, since the suit for partition is interconnected with the Reference i.e., LAC proceedings, inasmuch as some of the properties which are the subject matter of the partition suit are also the subject mater of reference proceedings, it would be in the interest of justice if both the suit and the LAC proceedings are heard together by the same Court.
11. It is stated that the suit for partition and the reference proceedings are being conducted in two separate Courts.Having regard to the fact that they are interconnected, I exercise my powers under Section 24 of the CPC and withdraw the matter pending in the Reference Court and direct it to be listed along with the suit for partition.
12. It is stated that the suit for partition is set down for final arguments. If that be so, the Trial Court shall hear the argument and conclude the suit as early as possible. : 21 :
13. If any decree that is passed in the suit for partition in favour of the petitioners, it would obviously have a bearing in the reference proceedings. Since the reference proceedings are not ordered to be posted to the very Court to which the partition suit is posted, the Reference Court will take into consideration the decree that has been passed in the partition suit and proceed further in the matter from the stage where it is posted.
14. Subject to the above, writ petitions are disposed of in the said terms.
15. In W.P. No.102937/2021, the petitioner has not only challenged the rejection of his impleadment application in the Reference Court proceedings but is also challenging the award passed by the Land Acquisition Officer. In view of the decision rendered in the above batch of writ petitions, the order rejecting the impleadment application of the petitioner is set aside and the petitioners shall be impeaded in the reference proceedings.
16. Insofar as the challenge to the award is concerned, since a reference proceedings is pending in which : 22 : higher compensation is being sought and the petitioner himself is permitted to be impleaded and is allowed to seek for enhancement along with original claimant, the challenge to the impugned award cannot survive and the same is therefore rejected.
17. It is also submitted that this Court in W.P. No.15948/2007 had already directed the Civil Court to dispose of the suit within a period of six months. The Trial Court is therefore directed to take that direction into consideration and ensure that the suit is disposed of immediately and at any rate within a period of three months from the date of receipt of a copy of this order.
SD JUDGE KGK