Smt Sharada vs State Of Karnataka on 21 December, 2017

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Karnataka High Court

Smt Sharada vs State Of Karnataka on 21 December, 2017

Bench: B. Veerappa

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF DECEMBER 2017

                         BEFORE

          THE HON'BLE MR. JUSTICE B. VEERAPPA

     WRIT PETITION NOS.58034 & 58092 OF 2017 (GM-RES)

BETWEEN:

Smt.Sharada
W/o late Chinnappa
Aged about 58 years
R/at T.Shettigere Village
Virajpete Taluk
South Kodagu.
                                         ... PETITIONER
(By Sri.L.Harish Kumar, Advocate)

AND:

1.      State of Karnataka
        Revenue Department
        By its Secretary
        M.S.Building
        Dr.B.R.Ambedkar Road
        Bangalore - 560 001.

2.      The Deputy Commissioner
        Kodagu District
        Madikere
        Kodagu - 571 201.

3.      The Tahsildar
        Virajpet Taluk
        Virajpet
                               2


     Kodagu District - 571 201.
                                           ...RESPONDENTS
(By Sri.J.M.Umesh Murthy, HCGP)


     These Writ Petitions are filed under Articles 226
and 227 of the Constitution of India praying to quash
the impugned notification dated 14.12.2017 passed by
the R-3 vide Annexure-F and etc.

     These Writ Petitions coming on for Preliminary
Hearing, this day, the Court made the following:-

                            ORDER

The petitioner in the present Writ Petitions sought for a writ of certiorari to quash the impugned notice dated 14.12.2017 mainly contending that in the guise of evicting the persons, who are in unauthorized occupation of Survey No.193/3A and 197/1 situated at T.Shettigere Village, they are disturbing the possession of the petitioner who is the owner of Survey No.197/7 of the same village.

2. When the matter was posted on 19.12.2017, this Court directed the learned HCGP to get instructions as to whether in pursuance of notice dated 14.12.2017 3 issued by the Tahsildar, any action has been taken against Survey No.197/7 belonging to the petitioner, which is not the subject of the matter of the notice.

3. Today, Sri.Umesh Murthy, learned HCGP, on instructions from the Tahsildar, Virajpet, submits that the Tahsildar has not taken any action in respect of the land bearing Survey No.197/7 belonging to the petitioner.

4. The said submission is placed on record.

5. In view of the above, the Writ Petitions are disposed of directing the Tahsildar, Virajpet Taluk to proceed only in respect of properties mentioned in the notice dated 14.12.2017 and in accordance with law.

Sd/-

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