Shri Shankar Munavalli vs The Government Of Karnataka on 7 March, 2018

[Cites 2, Cited by 0]

Karnataka High Court

Shri Shankar Munavalli vs The Government Of Karnataka on 7 March, 2018

Bench: Ravi Malimath

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

           ON THE 7TH DAY OF MARCH 2018

                     BEFORE

      THE HON'BLE MR. JUSTICE RAVI MALIMATH

      WRIT PETITION NO.8646 OF 2007 (KLR-LG)

BETWEEN
SHRI. SHANKAR MUNAVALLI,
S/O HANUMANT MUNAVALLI,
AGE: 52 YEARS,
OCC: NIL (SOCIAL WORKER),
R/O. #1151, SARAF GALLI,
SHAHAPUR, BELGAUM-3.
                                     ... PETITIONER

(BY SRI HEMANT R.CHANDANGOUDAR, ADVOCATE)

AND
1. THE GOVERNMENT OF KARNATAKA,
   REPRESENTED BY ITS SECRETARY,
   DEPARTMENT OF REVENUE,
   M.S.BUILDING, BANGALORE-01.

2. THE DEPUTY COMMISSIONER,
   BELGAUM DEPUTY, BELGAUM.

3. THE ASSISTANT COMMISSIONER,
   BELGAUM DEPUTY, BELGAUM.

4. THE TAHSILDAR,
   BELGAUM DEPUTY, BELGAUM.
                              2




5. THE KARNATAKA SMALL SCALE INDUSTRIAL
   DEVELOPMENT CORPORATION,
   KHANIJA BHAVAN, RACE COURSE ROAD,
   NEAR HOTEL CHALUKYA, BANGALORE,
   BY ITS MANAGING DIRECTOR.
                                  ... RESPONDENTS

(BY SMT. VEENA HEGDE, ADDITIONAL GOVERNMENT
ADVOCATE FOR RESPONDENT NOS.1 TO 4;
    SMT. SHARMILA M. PATIL, ADVOCATE FOR
RESPONDENT NO.5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER OF THE HON'BLE KARNATAKA
APPELLATE TRIBUNAL IN APPEAL NO.414 OF 2007 DATED
14.05.2007 VIDE ANNEXURE -H. QUASH THE ORDER OF
GRANT IN FAVOUR OF RESPONDENT NO.5 [DSSIDC]
PASSED     BY   THE    RESPONDENT     NO.2-DEPUTY
COMMISSIONER, BELGAUM, DATED 03.02.2007, VIDE
ANNEXURE-G AND TO DIRECT THE RESPONDENTS TO
GRANT THE LAND BEARING NO. SURVEY NO. 421:2
MEASURING 12 ACRE 9 GUNTAS SITUATED IN DEVASOOR
VILLAGE, BELGAUM TALUK, TO THE PETITIONER HEREIN
AND etc.,

                          *****

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:

                          ORDER

That the petitioner herein being a landless person is entitled for the grant of the said land and hence, a request was made by him to the Tahasildar for grant of the land. 3 The same was recommended to the Assistant Commissioner, who also sent a recommendation to the Deputy Commissioner. In the interregnum, the Deputy Commissioner granted land measuring 41 Acres 34 Guntas in Survey No.41/A to the Karnataka Small Scale Industries Development Corporation. Therefore, the order of the Deputy Commissioner was challenged before the Karnataka Appellate Tribunal in Appeal No. 414 of 2007. By the order dated 14.05.2007, the appeal was dismissed. Hence, the present petition.

2. During the course of hearing, 5th respondent has filed a memo along with the documents to indicate that the possession of the land in question has been handed over to the Karnataka Small Scale Industries Development Corporation. The layout map has been prepared, plots have been allotted and various other material.

3. The same is not seriously disputed by the petitioner.

4. In view of the documents produced by respondent No.5, nothing further would survive for consideration. Consequently, the petition is dismissed.

Sd/-

JUDGE Kmv/yan

Unlock Advanced Research with PRISMAI

Karnataka High Court