T. Jamuna and Others Vs. Thasildhar and Others

T. Jamuna and Others vs Thasildhar and Others

Type Court Judgment Court Karnataka Decided Sep 19, 2014

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Citation: sooperkanoon.com/1173471
Court: Karnataka High Court
Judge: H.G. Ramesh
Decided On: Sep 19, 2014
Case Number: Writ Petition Nos.44160, 45387-45392 of 2014 (KLR-RES)
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

T. Jamuna and Others

Respondent

Thasildhar and Others

Excerpt

.....for the petitioners submits that several documents were submitted before the tahsildar in support of the petitioners' claim but none of the said documents have been considered. the objections filed by the petitioners have also not been considered. therefore, he contends that the order of eviction which is impugned in these writ petitions is unsustainable in law and is liable to be set aside. 4. learned high court government pleader submits that the documents produced by the petitioners have not been considered by the tahsildar, therefore, he prays that the matter may be remitted to respondent no.1-tahsildar for reconsideration in accordance with law. 5. i accept the fair submission made by the learned high court government pleader and accordingly, make the following order: the impugned order of eviction dated 10.07.2014 (annexure-e) insofar as it relates to the petitioners is set aside. the matter is remitted to respondent no.1 for reconsideration in accordance with law. 6. learned counsel appearing for the petitioners submits that the petitioners will appear before the tahsildar on 22.09.2014 to have their say in the matter1. learned high court government pleader submits that the tahsildar will re-examine the matter after hearing the petitioners on 22.09.2014 and thereafter would pass an appropriate order in accordance with law. the aforesaid submissions are placed on record. the writ petitions stand disposed of in the above terms.

Full Judgment

(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 Of The Constitution Of India Praying To Quash The Order Dated 10.7.14 Passed By Respondent No.1 As Against The Petitioners, The Same Bearing NCR. Cr.47/2013-14, The Above Mentioned Order Is Herewith Produced As Annexure-E And Etc.)

1. These writ petitions are directed against the order of eviction dated 30.07.2014 (Annexure-E) passed by the Tahsildar, Bangalore South Taluk, insofar as it relates to the petitioners.

2. I have heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondents.

3. Learned counsel for the petitioners submits that several documents were submitted before the Tahsildar in support of the petitioners' claim but none of the said documents have been considered. The objections filed by the petitioners have also not been considered. Therefore, he contends that the order of eviction which is impugned in these writ petitions is unsustainable in law and is liable to be set aside.

4. Learned High Court Government Pleader submits that the documents produced by the petitioners have not been considered by the Tahsildar, Therefore, he prays that the matter may be remitted to respondent No.1-Tahsildar for reconsideration in accordance with law.

5. I accept the fair submission made by the learned High Court Government Pleader and accordingly, make the following order:

The impugned order of eviction dated 10.07.2014 (Annexure-E) insofar as it relates to the petitioners is set aside. The matter is remitted to respondent No.1 for reconsideration in accordance with law.

6. Learned counsel appearing for the petitioners submits that the petitioners will appear before the Tahsildar on 22.09.2014 to have their say in the matter1. Learned High Court Government Pleader submits that the Tahsildar will re-examine the matter after hearing the petitioners on 22.09.2014 and thereafter would pass an appropriate order in accordance with law. The aforesaid submissions are placed on record.

The writ petitions stand disposed of in the above terms.

Same Court & Year Karnataka · 2014 Same Parties T. Jamuna and Others vs Thasildhar and Others Same Subject Land Acquisition Same Judge H.G. Ramesh