Karnataka High Court
Sri Maruti Devasthan Committee vs The Secretary And Other on 7 September, 2023
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NC: 2023:KHC-K:7101
WP No. 226677 of 2020
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 226677 OF 2020 (KLR-RR/SUR)
BETWEEN:
1. SRI MARUTI DEVASTHAN COMMITTEE
THROUGH ITS EXECUTIVE MEMBERS
HEBALI TQ.ALAND DIST. KALABURAGI
2. SHIVARAJ
S/O PANDIT AMBADE
AGE: 37 YEARS,
OCC: ABGICULTURE
3. BAHADDUR
S/O SRIMANT PATIL
AGE: 37 YEARS,
OCC: ABGICULTURE
Digitally
signed by B
NAGAVENI 4. SUDHIR
Location: S/O SHIVANNA
High Court Of AGE: 29 YEARS,
Karnataka
OCC: ABGICULTURE
5. SRIMANTH
S/O AADAPPA BELAM
AGE: 37 YEARS,
OCC: ABGICULTURE
6. SANJEEV KUMAR
S/O GURAPPA BELAM
AGE: 38 YEARS,
OCC: ABGICULTURE
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WP No. 226677 of 2020
7. NAGAPPA
S/O SHIVANNA GHALE
AGE: 41 YEARS,
OCC: ABGICULTURE
ALL ARE R/O VILLAGE HEBLI
TQ. ALAND-5853142
DIST. KALABURAGI
...PETITIONERS
(BY SRI. PRAMODKUMAR PATIL FOR
SRI. RAMACHANDRA K, ADVOCATES)
AND:
1. THE SECRETARY TO
GOVT. OF KARNATAKA DEPARTMENT
OF REVENUE
M.S. BUILDING
BENGALURU-560001
2. THE LAND TRIBUNAL
THROUGH ITS CHAIRMAN
ASST. COMMISSIONER KALABURAGI
OFFICE OF THE LAND TRIBUNAL TAHASIL
OFFICE ALAND-5853142
3. THE TAHASILDAR
TAHASIL OFFICE
ALAND-5853142
4. DHARAMANNA
S/O SOMANNA WADIYAR
SINCE DECEASED THROUGH HIS LRS
a) A) CHANDRAKALA
W/O DHARMANNA WADIYAR
AGE: 75 YEARS,
OCC: HOUSEHOLD
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WP No. 226677 of 2020
b) B) SRIMANT
S/O DHARMANNA WADIYAR
AGE: 31 YEARS,
OCC: AGRICULTURE
C) SOMANATH
S/O DHARMANNA WADIYAR
AGE: 28 YEARS,
OCC: AGRICULTURE,
D) PRABHAKAR
S/O DHARMANNA WADIYAR
AGE: 24 YEARS,
OCC: AGRICULTURE
E) SUDHARANI
D/O DHARMANNA WADIYAR
AGE: 21 YEARS,
OCC: HOUSEHOLD
ALL ARE R.O VILLAGE HEBALI
TQ.ALAND, DIST.KALABURAGI-585101
F) PRABHAVATI
W/O DHARMANNA WADIYAR
& W/O BARGANNA
AGE: 33 YEARS,
OCC: HOUSEHOLD
R.O. VILLAGE SUNDARWADI
TQ. OMERGA, DIST. OSMANABAD-413605
...RESPONDENTS
(BY SRI.GOPALKRISHNA B. YADAV, HCGP FOR R1 TO R3;
SRI. MASHAK PATEL, ADVOCATE FOR R4 (A TO F))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO,
ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED
ORDER OF THE PROCEEDINGS OF THE LAND TRIBUNAL ALAND
IN FILE NO.REV.LRY/INM/30/90-91 DATD 10.01.1992 AS PER
ANNEXURE-C IN RESPECT OF THE LAND SY.NO.1 MEASURING
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WP No. 226677 of 2020
17 ACRES 05 GUNTAS SITUATED AT VILLAGE HEBALI, TQ.
ALAND, DIST. KALABURAGI BY REMANDING THE MATTER TO
THE LAND TRIBUNAL ALAND TO DISPOSE OF THE CASE BY
GIVING AN OPPORTUNITY TO THE PETITIONERS TO PROTECT
THE LAND BELONGING TO SRI MARUTI DEVASTHAN OF
VILLAGE HEBLI, TQ.ALAND, DIST.KALABURAGI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri Pramod Kumar Patil, learned counsel appearing for the petitioner; Sri G.B.Yadav, learned High Court Government Pleader appearing for the respondents 1 to 3 and Sri Mashak Patel, learned counsel appearing for the respondent No.4 (a) to (f).
2. It is the case of the petitioners that, land in question is a Inam land, and further, the petitioner- Maruti Devastana Committee is in possession of the land in question and impugned order produced at Annexure-C has been passed without hearing the petitioners herein. Feeling aggrieved by the same, the petitioners have filed this writ petition. -5-
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3. Having taken note of the arguments advanced by the learned counsel appearing for the parties and the perusal of the impugned order would indicate that, as per record of rights, the land in question is Inam land and therefore, I find force in the arguments advanced by learned counsel appearing for the petitioners that, petitioners ought to have been heard in the matter before taking any decision in respect of subject land. Though the writ petition is filed in the year 2020, challenging the order dated 10.01.1992, however, the interest of the petitioner- Maruti Devastana would be jeopardise as the petitioners have not been made as parties before the land Tribunal. Hence, I proceed to pass the following:
ORDER
i) Writ petition is allowed.
ii) Order dated 10.01.1992 (Annexure-C) passed by the Land Tribunal, Aland, is set -6- NC: 2023:KHC-K:7101 WP No. 226677 of 2020 aside and the matter is remitted to the Land Tribunal for fresh consideration, after affording opportunity to both the sides.
Sd/-
JUDGE SB List No.: 1 Sl No.: 10