Karnataka High Court
Krishna S/O Laxman Diwate vs Basappa Sidramagouda ... on 18 July, 2016
Author: A.S.Bopanna
Bench: A.S.Bopanna
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18TH DAY OF JULY, 2016
BEFORE
THE HON'BLE MR.JUSTICE A.S.BOPANNA
WRIT PETITION No.109582/2014 (L-R)
BETWEEN:
1. KRISHNA
S/O LAXMAN DIWATE
AGE: 65 YEARS
R/O. SANGEETH CHAWL,
KOULU PET, KUMBAR ONI,
BEHIND ISHWARA DEVARA TEMPLE,
HUBLI
2. MAHADEVI
W/O. VASUDEV JINDE
AGE: 48 YEARS,
R/O. KULKARNI GALLI,
GANGARAM SUNAGAR CHAWL,
BELGAUM, DIST: BELGAUM
... PETITIONERS
(BY SRI S K KAYAKAMATH, ADV.)
AND :
1. BASAPPA SIDRAMAGOUDA
MARIKALANAGOUDAR
AGE: MAJOR
R/O. BENGERI, TQ: HUBLI
DIST: DHARWAD
2. SAMAMMA
D/O. SIDRAMAGOUDA MARIKALANAGOUDAR
AGE: MAJOR
R/O. BENGERI, TQ: HUBLI
DIST: DHARWAD
2
3. PARVATAVVA
D/O. SIDRAMAGOUDA MARIKALANAGOUDAR
AGE: MAJOR
R/O. BENGERI, TQ: HUBLI
DIST: DHARWAD
4. GANGAVVA
D/O. SIDRAMAGOUDA MARIKALANAGOUDAR
AGE: MAJOR
R/O. BENGERI, TQ: HUBLI
DIST: DHARWAD
5. GOURAVVA
D/O. SIDRAMAGOUDA MARIKALANAGOUDAR
AGE: MAJOR
R/O. BENGERI, TQ: HUBLI
DIST: DHARWAD
6. RATHNAVVA
D/O. SIDRAMAGOUDA MARIKALANAGOUDAR
AGE: MAJOR
R/O. BENGERI, TQ: HUBLI
DIST: DHARWAD
7. BASANAGOUDA
S/O. SIDRAMAGOUDA MARIKALANAGOUDAR
AGE: MAJOR
R/O. BENGERI, TQ: HUBLI
DIST: DHARWAD
8. GANAPATI
S/O. TOPANSA HANUMASAGAR
AGE: MAJOR
R/O. KUSUGAL ROAD, KESHWAPUR
HUBLI
9. MURALI
S/O. TOPANSA HANUMASAGAR
AGE: MAJOR
R/O. KUSUGAL ROAD,
KESHWAPUR,
HUBLI
3
10. GANGASA
S/O. TOPANSA HANUMASAGAR
AGE: MAJOR
R/O. KUSUGAL ROAD,
KESHWAPUR
HUBLI
11. VISHNU
S/O. TOPANSA HANUMASAGAR
AGE: MAJOR
R/O. KUSUGAL ROAD,
KESHWAPUR
HUBLI
12. MOHAN
S/O. TOPANSA HANUMASAGAR
AGE: MAJOR
R/O. KUSUGAL ROAD,
KESHWAPUR
HUBLI
13. SURESH
S/O. VITTALSA POOJARI
AGE: MAJOR
R/O. MUDUGAL LAYOUT
KESHWAPUR
HUBLI
14. SUMEETH
S/O. SURESH POOJARI
AGE: MAJOR
R/O. MUDUGAL LAYOUT
KESHWAPUR
HUBLI
15. THE LAND TRIBUNAL
HUBLI
DIST: DHARWAD
BY ITS CHAIRMAN
16. THE ASSISTANT COMMISSIONER
DHARWAD
DIST: DHARWAD
4
17. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF REVENUE
M S BUILDING, BANGALORE
... RESPONDENTS
(BY SRI S.S. NIRANJAN, ADV. FOR R1 TO 7
SRI PRAKASH K. JAWALKAR AND
SRI S.B. PATIL, ADV. FOR R-8 TO 14
SRI RAVI V. HOSAMANI, AGA FOR R15-R17)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO; (A) DIRECTION IN
THE NATURE OF WRIT TO QUASH THE ORDER
NO.KLR.S.R.BENGERI:21 DATED 26-07-2002, THE COPY OF
WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE-A.
(B) DIRECT RESPONDENT NO.16 TO TAKE ACTION AGAINST
THE ILLEGAL SALE DEED EXECUTED BY THE RESPONDENT
NO.1 TO 7 IN FAVOUR OF THE RESPONDENTS NO.8 TO 14 AND
TO DECLARE THE SAID SALE DEED AS NULL AND VOID AND
CONSEQUENTLY TO TAKE ACTION UNDER SECTION 79A AND
SECTION 80 OF THE KARNATAKA LAND REFORMS ACT AND
ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
I.A.No.1/2016 is filed by the respondents bringing to the notice of this Court that the petitioners had assailed the very same order dated 26.07.2002 in an earlier writ petition in W.P.No.41967/2002. This Court after considering the rival contentions on merits has 5 dismissed the writ petition by the order dated 12.03.2003.
2. In the light of the same, I have perused the order passed therein and the prayer made in the instant petition. In that circumstance, the petition is barred by res judicata as the prayer has already been considered and disposed of. The instant writ petition not being maintainable, the same stands dismissed.
In view of the dismissal of the main petition, I.A.No.1/2016 appended thereto also stands disposed of.
Sd/-
JUDGE hrp