Karnataka High Court
Sri. N. Byregowda vs State Of Karnataka on 28 February, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 16072 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 16072 OF 2022 (LB-RES)
BETWEEN:
SRI. N. BYREGOWDA,
AGED ABOUT 45 YEARS,
PRESENTLY RESIDINGA AT
CHEEMACHENAHALLI VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT
POST PINCODE - 562 135.
...PETITIONER
(BY SRI. VIJAYA KUMAR K, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
PANCHAYATH RAJ DEPARTMENT,
Digitally M.S BUILDING, BANGALORE - 560 001.
signed by
POORNIMA REPRESENTED BY PRINCIPAL SECRETARY.
SHIVANNA
Location: 2. EXECUTIVE OFFICER,
HIGH DEVANAHALLI TALUK PANCHAYATH,
COURT OF
KARNATAKA DEVANAHALLI TOWN AND TALUK,
BANGALORE RURAL DISTRICT,
POSTAL PINCODE - 562 110.
3. PANCHAYATH DEVELOPMENT OFFICER,
CHANNARAYAPATNA GRAM PANCHAYATH,
CHEEMACHENAHALLI VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT,
POST PINCODE - 562 135.
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WP No. 16072 of 2022
4. SMT. ANUSUYAMMA,
AGED ABOUT 45 YEARS,
C/O. MUNIMARIYAPPA,
PRESENTLY RESIDING AT
CHEEMACHENAHALLI VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT,
POST PINCODE - 562 135.
...RESPONDENTS
(BY SRI. SANTHOSH KUMAR M.B, HCGP FOR R1;
SRI. M.S DEVARAJ, ADVOCATE FOR R2 AND R3; R4 SERVED)
THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 31.07.2019 VIDE ANNEXURE-A PASSED BY THE R2 /
THE EXECUTIVE OFFICER, TALUK PANCHAYATH, DEVANAHALLI
TALUK AT DEVANAHALLI HOLDING THE SAME AS ILLEGAL AND
OPPOSED TO LAW.
THIS W.P., COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this court seeking for the following reliefs:
a. Quash the impugned order dated 31.07.2019 (vide Annexure-A) bearing No.PÁ¤C/vÁ¥ÀAzÉÃ/98/2019-20 passed by the 2nd respondent / the Executive Officer, Taluk Panchayath, Devanahalli Taluk at Devanahalli holding the same as illegal and opposed to law. b. pass such other order or directions under the facts and circumstances of the above case in the interest of justice and equity.
2. Learned counsel for the petitioner submits that the impugned order dated 31.07.2019 had been passed -3- WP No. 16072 of 2022 on a complaint filed by respondent No.4 that there is a gomal land between her property and the property of the petitioner inasmuch as respondent No.4 is the owner of the property bearing Khaneshumari No.174/1 and Khatha Number 207 of the petitioner.
3. Subsequent to the orders being passed, respondent No.4 has executed an affidavit on 04.07.2022 that she has withdrawn her claim and did not claim any portion or otherwise the property of the petitioner in Khaneshumari Khatha No.207.
4. In view of the said affidavit, which has been produced, I am of the considered opinion that the impugned order is required to be quashed and the matter remanded for fresh consideration. As such, I pass the following:
ORDER i. The impugned order dated 31.07.2019 at Annexure-A, bearing No. PÁ¤C/vÁ¥ÀAzÉÃ/98/2019- -4- WP No. 16072 of 2022 20 passed by respondent No.2/ The Executive Officer, Taluk Panchayath, Devanahalli Taluk, is hereby quashed. The matter is remitted for fresh consideration by respondent No.2 apart from the production of the affidavit submitted by respondent No.4.
ii. The petitioner shall also keep petitioner No.4 present in person before respondent No.2 when the matter is taken up.
iii. Since the order is passed in the presence of both counsel, the petitioner shall remain present before respondent No.2 without requirement of any further notice on 27.03.2023 at 3.30 p.m., iv. The respondent No.2 shall dispose of the matter within a period of four weeks thereafter.
Sd/-
JUDGE GJM