Sri Satalingappa Udeshi vs The Land Tribunal Chikkodi on 18 January, 2012

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Karnataka High Court

Sri Satalingappa Udeshi vs The Land Tribunal Chikkodi on 18 January, 2012

Bench: Ajit J.Gunjal

           IN THE HIGH COURT OF KARNATAKA

              CIRCUIT BENCH AT DHARWAD

       DATED THIS THE     18T11   DAY OF JANUARY 2012

                          BEFORE

        THE HON'BLE MR.JUSTICE AJIT J.GUNJAL

           WRIT PETITION NO.3577/2006(LR)

Between:

Sri Satalingappa Udeshi,
S/o Dundappa Udeshi,
Since dead by LRs

1(A)   Smt. Suman Udeshi,
       W/o. Satalingappa Udeshi,
       Aged about 43 years

1(B)   Kumar Akshay Udeshi,
       S/o. Satalingappa Udeshi,
       Aged about 15 years

l( C) Kumar Ajay Udeshi,
      S/o Satalingappa Udeshi,
      Aged about 13 years

       All R/at Examba village,
       Chikodi Taluka,
       Belgaum District

       Applicants Nos. 2 and 3
       are minors represented
                             _-,   -




       by their natural guardian,
       mother petitioner No. 1A       .   .   .PETITIONERS

       (By SmtSuman Udeshi, party-in-person)

And:

1. The Land Tribunal,
   Rep by its Secretary
   Dist: Belgaum

2. Sri Babu Utture,
   S/o Shankareppa Utture,
   Aged about 40 years,

3. Smt. Kallavva Vali,
   W/o Mallikarjun Vali,
   Aged about 50 years,

4. Sri Chandrashekar @
   Mallappa Udeshi,
   S/o Dundappa Udeshi,
   Aged about 45 years,

5. Smt. Shaila Dundappa Udeshi
   Aged about 40 years,

6. Smt. Annapurna Dundappa Udeshi,
   Aged about 40 years,

7. Sri. Ratnappa Kumbar,
   S/o Satappa Kumbar,
   Aged about 50 years,

8. Smt. Mahadevi Bidari
   D/o Appayya Bidari,
   Aged about 45 years,
                            -_)   -




9. Smt.Rekha Bidari,
   D/o. Appayya Bidari,
   Aged about 43 years,

10.   Sri Prabhu Kumbar,
      S/o Satappa Kumbar,
      Aged about 45 years,

      Respondent 2 to 10 are
      R/at Examba,
      Taluk: Chikodi,
      District Belgaum

11.   The Vidyavardhak Mandali,
      Nippani, rep by its Chairman,

12.   Smt. Nirmaladevi Desai,
      W/o Ajitsingh Desai,
      Aged about 45 years,
      Residing at Shivaji Park,
      Shivani, Koihapure,
      Maharashtra

13.   Sri Satyajit Parsole,
      Aged about 50 years,
      Residing at Ghosarwad,
      Taluk: Shirol,
      District Koihapure

14.   Sri Vijet Parsole,
      Aged about 48 years,
      Residing at Ghosarwad,
      Taluk: Shirol,
      District Koihapure

15.   Sri Babu Utture,
      S/o Shankareppa Utture,
                               -4-


      Aged about 38 years,
      R/o Examba village
      Taluk: Chikodi,
      District Belgaum

16.   Smt. Kallavva Wali,
      W/o Mallikarjun Wali,
      Aged about 35 years,
      R/o Examba village,
      Taluk: Chikkodi,
      District Belgaum                   .   . .   RESPONDENTS

   (By Sri.Sachin S. Magadum, Adv. for Ri,
       Sri.Ravi S. Balikai, Adv. for R7,
       Sri.Vijay Kumar A. Patil, Adv. for RiO)


      This writ petition is filed under Articles 226 and
227 of the Constitution of India with a prayer to quash
the order passed by Ri Land Tribunal, Chikkodi Dt.
23.1.2006 vide Annx. H being arbitrary, unreasonable
and opposed to Article 14 of the Constitution of India.

      This writ petition coming on for preliminary
hearing in 'B' Group, this day, the Court made the
following:

                         ORDER

The dispute inter se is between the family members in respect of the land in question. The subject matter of this writ petition is Sy.No.484. The Land Tribunal has granted occupancy rights in favour of both

the petitioner as well as the respondenta quantifying their respective shares.

2. Having perused the orders, I am of the view that justice having been done, the question of interfering with the order does not arise. Even otherwise, if the petitioners are aggrieved by the quantum of shares by the Tribunal, it is open for either of the parties to file a suit for partition and separate possession and claim their respective shares.

With this observation, petition stands disposed of Sd1 3UDGE sPs

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