Karnataka High Court
Shri Prashant Vasant Dongare vs The Commissioner on 27 February, 2023
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WP No. 101275 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 101275 OF 2023 (KLR-RR/SUR)
BETWEEN:
1. SHRI PRASHANT VASANT DONGARE,
AGE: 49 YEARS, OCC: AGRICULTURE & BUSINESS,
R/O: 2496/B, RAVIVAR PETH, GOKAK,
DIST: BELAGAVI.
2. SHRI ANAND VASANT DONGARE,
AGE: 47 YEARS, OCC: AGRICULTURE & BUSINESS,
R/O: 2496/B, RAVIVAR PETH, GOKAK,
DIST: BELAGAVI.
3. SMT. SHALINI W/O VASANT DONGARE,
AGE: 69 YEARS, OCC: AGRICULTURE & HOUSEHOLD WORK,
R/O: 2496/B, RAVIVAR PETH, GOKAK,
DIST: BELAGAVI.
........PETITIONERS
(BY SRI.T.M.NADAF & MISS GAYATRI S.R., ADVS.)
AND:
Digitally
signed by
VISHAL
VISHAL
NINGAPPA
PATTIHAL
Location: High
1. THE COMMISSIONER,
NINGAPPA
PATTIHAL
Court of
Karnataka,
Dharwad
THE SURVEY OF LAND RECORDS, BENGALURU,
Date:
2023.03.01
11:50:38
+0530
BENGALURU-01.
2. THE D.D.L.R.,BELAGAVI,
AT BELAGAVI-590001.
3. THE J.D.L.R., BELAGAVI,
BELAGAVI.
4. THE ASSISTANT DIRECTOR OF LAND RECORDS,
GOKAK, GOKAK-591329,
DIST: BELAGAVI.
5. MR. KUTUBUDDINMASTANSAB GOKAK,
AGE: 68 YEARS, OCC: AGRICULTURE,
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WP No. 101275 of 2023
R/O: MOMIN GALLI, GURUWAR PETH,
GOKAK, TQ: GOKAK, DIST: BELAGAVI-591329.
6. MR. JAVED KUTUBUDDIN GOKAK,
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O: MOMIN GALLI, GURUWAR PETH,
GOKAK, TQ: GOKAK, DIST: BELAGAVI-591329.
7. MR. YUSUF KUTUBUDDIN GOKAK,
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O: MOMIN GALLI, GURUWAR PETH,
GOKAK, TQ: GOKAK, DIST: BELAGAVI-591329.
8. MR. RIYAZAHMEDKUTUBUDDIN GOKAK,
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O: MOMIN GALLI, GURUWAR PETH,
GOKAK, TQ: GOKAK, DIST: BELAGAVI-591329.
9. SMT. RIZWANAMOHAMMEDHANIF MULLA,
AGE: 29 YEARS, OCC: HOUSEHOLD WORK,
R/O: VILLAGE MELAVANKI, TQ: GOKAK-591329,
DIST: BELAGAVI.
10. SHRI SWAPNIL GOKULRAOCHITARE,
AGE: 32 YEARS, OCC: BUSINESS,
R/O: KUMBAR GALLI, GURUWAR PETH,
GOKAK-591329, DIST: BELAGAVI.
11. SHRI BHOJRAJIRAPPABELKUD,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: VILLAGE KALLOLI, TQ: MURGOD-591119,
DIST: BELAGAVI.
12. SMT. YALLAWWAHANMANT NAIK,
AGE: 49 YEARS, OCC: HOUSEHOLD WORK,
R/O: MARATHA GALLI, GOKAK-591329,
DIST: BELAGAVI.
13. SHRI DHANYAKUMAR SHRIKANT KITTUR,
AGE: 50 YEARS, OCC: BUSINESS,
R/O: SOMWAR PETH, GOKAK-591329,
DIST: BELAGAVI.
14. SHRI SIDDAPPA DODDAYALLAPPAHANJE,
AGE: 47 YEARS, OCC: BUSINESS,
R/O: MELAVANKI, TQ: GOKAK-591329,
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WP No. 101275 of 2023
DIST: BELAGAVI.
15. MR. IBRAHIM ABDULKHADAR SHAIKH,
AGE: 45 YEARS, OCC: BUSINESS,
R/O: LAKKAD GALLI, GURUWAR PETH,
GOKAK-591329, DIST: BELAGAVI.
16. MR. IMMAHUSAINJAINULLASAHEB MULLA,
AGE: 46 YEARS, OCC: BUSINESS,
R/O: VILLAGE SANGANKERI, TQ: GOKAK-591329,
DIST: BELAGAVI.
17. SHRI BHIMAPPAIRAPPAGIDANAVAR,
AGE: 48 YEARS, OCC: AGRICULTURE AND BUSINESS,
R/O: VILLAGE BENCHINMARDI(K),
TQ: GOKAK-591329, DIST: BELAGAVI.
18. SMT. GOURAWWA W/O NINGAPPABHAGOJI,
AGE: 64 YEARS, OCC: HOUSEHOLD WORK,
R/O: UPPAR GALLI, GOKAK-591329,
DIST: BELAGAVI.
19. MR. WAHEEDBASIRAHMEDKALLOLI,
AGE: YEARS, OCC:
R/O: AWATI GALLI, GOKAK-591329,
TALUKA GOKAK, DIST: BELAGAVI.
20. MR. JAVEED SARDAR JAGDAL,
AGE: 45 YEARS, OCC: DOCTOR,
R/O: HOSPET GALLI, GOKAK-591329,
DIST: BELAGAVI.
......RESPONDENTS
(BY SRI.SHIVAPRABHU HIREMATH, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TOISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED ORDER DATED 02.11.2022
PASSED BY THE 1ST RESPONDENT BEARING
NO.SSLR/11025/1181/2022 WHICH IS PRODUCED AT ANNEXURE-F
AND CONSEQUENTLY ALLOW THE TRANSFER OF APPEAL BEARING
NO. REV/SURVEY/PHODI/SR-09/2022-23 PENDING ON THE FILE OF
3RD RESPONDENT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 101275 of 2023
ORDER
1. Aggrieved by the order passed by the 1st respondent dated 02.11.2022 bearing No.SSLR/11025/1181/2022 vide Annexure-F to the writ petition, the present writ petition is filed by the petitioners therein.
2. The case of the petitioners is that at the behest of respondent Nos.5 to 20, the 2nd respondent-DDLR had prepared a layout plan in R.S.No.124/1+2+3/C measuring 5 acres 39 guntas 51 meters in Gokak.
3. On the ground that the said plan was erroneous and had encroached upon a portion of the land belonging to the petitioners, the petitioners filed an appeal before the 3rd respondent-JDLR. When the matter was pending before the JDLR, the petitioners came to know that the JDLR was the husband of respondent No.2-DDLR, whose order was challenged by them before the JDLR and for that reason they preferred an application before the 1st respondent-the Commissioner to transfer the appeal to another JDLR. The Commissioner has passed the impugned order rejecting their request. Aggrieved by the same, the present petition is filed. -5- WP No. 101275 of 2023
4. The only ground urged by the petitioners to have the case transferred from the 3rd respondent-JDLR to another JDLR is that, the impugned order in challenge before the 3rd respondent is passed by the 2nd respondent-DDLR who happens to be the wife. No other ground is urged by the petitioners.
5. Merely because the Appellate Authority is presided over by the husband of the person who has passed the impugned order, it cannot be considered as a ground to seek transfer of the same. The 2nd respondent and the 3rd respondent are responsible officers of the Government who will be discharging their functions in their official capacity and just because they are married to one another, it does not mean the husband will endorse the opinion of his wife which is done in her official capacity. Hence, I do not find any reason to interfere in the orders passed by the 1st respondent- Commissioner.
6. It is needless to state that the proceedings before the Commissioner and before this Court will not prejudice the mind of the 3rd respondent-JDLR and he will decide the matter solely based on the merits of the case.
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7. For the above mentioned reasons, writ petition is hereby dismissed.
Sd/-
JUDGE KGK List No.: 2 Sl No.: 1