Smt Jayashree S Bhat vs Sri Nagarj Ghate on 26 March, 2025

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Karnataka High Court

Smt Jayashree S Bhat vs Sri Nagarj Ghate on 26 March, 2025

Bench: N S Sanjay Gowda

                                      -1-
                                                 NC: 2025:KHC:12899
                                              WP No. 51277 of 2016




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 26TH DAY OF MARCH, 2025

                                    BEFORE
                   THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                   WRIT PETITION NO. 51277 OF 2016 (KLR-RES)
            BETWEEN:

            1.    SMT JAYASHREE S BHAT
                  W/O SRI SUBRAMANYA BHAT GHATE
                  AGED ABOUT 46 YEARS
                  R/A KUNJOOR PANJA POST
                  ARYAPUR VILLAGE, PUTTUR TALUK
                  DAKSHINA KANNADA DISTRICT-574201
                                                       ...PETITIONER
            (BY SRI. SACHIN B S., ADVOCATE)

            AND:

            1.    SRI NAGARJ GHATE
                  S/O ANANTHA BHAT
                  AGED ABOUT 49 YEARS
                  R/A DARBE HOUSE
                  IRDE VILLAGE & POST
Digitally
signed by         PUTTUR TALUK-574201
KIRAN
KUMAR R           DAKSHINA KANNADA DISTRICT
Location:
HIGH
COURT OF    2.    THE ASST. COMMISSIONER
KARNATAKA
                  PUTTUR SUB DIVISION
                  PUTTUR-574201
                                                     ...RESPONDENTS
            (BY SMT. SAVITHRAMMA., AGA FOR R-2;
                 R-1 IS SERVED AND UNREPRESENTED)

            THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
            CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
            NOTICE DATED.25.5.2016 ISSUED BY THE R-2 VIDE ANNEX-A
            AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS
                                     -2-
                                                NC: 2025:KHC:12899
                                             WP No. 51277 of 2016




INITIATED BY THE R-2 AS AGAINST THE PETITIONER BASED
ON THE PETITION FILED BY THE R-1, ETC.


     THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

CORAM:     HON'BLE MR JUSTICE N S SANJAY GOWDA

                            ORAL ORDER

1. A petition was presented before the Assistant Commissioner contending that the land granted to the petitioner was secured by unfair means and on the petitioner making false representations.

2. Notice of this petition has been sent to the petitioner and the petitioner has rushed to this Court challenging the initiation of the proceedings against him.

3. In my view, since the petitioner has ample opportunity to put forth his defence that there has been no false or fraudulent representations made to secure the grant, the petitioner would necessarily -3- NC: 2025:KHC:12899 WP No. 51277 of 2016 have to file objections and put forth his case before the Assistant Commissioner.

4. The Assistant Commissioner shall thereafter consider the contentions raised, including the question as to whether he could initiate the proceedings after a period of fourteen years from the date of grant.

5. The writ petition is therefore dismissed, permitting the petitioner to file his objections to the impugned notice.

6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.

Sd/-

(N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 56

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