Sri Doddappa vs the State of Karnataka

Sri Doddappa vs The State of Karnataka

Type Court Judgment Court Karnataka Decided Nov 29, 2024

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Citation: sooperkanoon.com/1880862
Court: Karnataka High Court
Judge: Suraj Govindaraj
Decided On: Nov 29, 2024
Case Number: WP/52693/2016

Parties & Advocates

Appellant / Petitioner

Sri Doddappa

Respondent

The State of Karnataka

Excerpt

.....the constitution of india praying to direct respondents not to interfere with the petitioner peaceful possession and enjoyment of lands granted to petitioner, in old sy.no.28/2, new sy.no.206. -2- this writ petition is coming on for preliminary hearing in b group, this day, order was made therein as under: coram: hon'ble mr justice suraj govindarajoral order1. the petitioner is before this court seeking for the following reliefs:-i. issue a writ of mandamus directing the respondents not to interfere with the petitioner peaceful possession and enjoyment of lands granted to petitioner, in old sy.no.28/2, new sy.no.206. ii. issue a writ of mandamus directing the respondents, to shift the burial ground to the place of grant, and not to the petitioner's land. iii. issue a writ of mandamus directing the respondent no. 1 to 3, to shift the burial ground from the land in sy.number 28/2 to sy.number 29.2. the apprehension on the part of the petitioner is that theland in sy.no.206 having been allotted for establishing a burial ground, the respondent state is trying to grab the land of the petitioner by encroaching upon the land of the petitioner in sy.no.28/2 measuring 2 acres, which was granted in favour of the petitioner's late father. -3-3. learned addl. government advocate upon instructionssubmits that the burial ground is restricted to sy.no.206 and no portion of sy.no.28/8 of basavanahalli village, honnali taluk measuring 2 acres, which has been granted to the petitioners' late father would be used for the said burial ground.4. the said submission of the learned addl. government advocate answers the grievance and apprehension on the part of the petitioner.5. placing the submissions on record, the petition stands disposed of.6. in view of disposal of the main matter, i.a. no.1/2021 and 2/2021 do not survive for consideration. accordingly, the same stand disposed of. sd/- (suraj govindaraj) judge mn list no.: 1 sl no.: 32

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.52693 OF 2016 (GM-RES) BETWEEN: SRI DODDAPPA S/O. KENCHAPPA AGED ABOUT 58 YEARS R/AT BASAVANAHALLI VILLAGE HONNALI TALUK - 577 217 DAVANAGERE DISTRICT …PETITIONER (BY SRI VINOD PRASAD, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001.
2. THE ASST. COMMISSIONER DAVANAGERE SUB-DIVISION Digitally signed DAVANAGERE. by SHWETHA RAGHAVENDRA
3. THE TAHASILDAR Location: HIGH COURT OF HONNALI TALUK KARNATAKA HONNALI - 577 217. …RESPONDENTS (BY SRI MAHANTESH SHETTAR, A.G.A., FOR R-1 TO R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS NOT TO INTERFERE WITH THE PETITIONER PEACEFUL POSSESSION AND ENJOYMENT OF LANDS GRANTED TO PETITIONER, IN OLD SY.NO.28/2, NEW SY.NO.206. -2- THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:-

i. Issue a writ of mandamus directing the respondents not to interfere with the petitioner peaceful possession and enjoyment of lands granted to petitioner, in old Sy.No.28/2, new Sy.No.206. ii. Issue a writ of mandamus directing the respondents, to shift the burial ground to the place of grant, and not to the petitioner's land. iii. Issue a writ of mandamus directing the respondent No. 1 to 3, to shift the burial ground from the land in Sy.Number 28/2 to Sy.Number 29.

2. The apprehension on the part of the petitioner is that the

land in Sy.No.206 having been allotted for establishing a burial ground, the respondent State is trying to grab the land of the petitioner by encroaching upon the land of the petitioner in Sy.No.28/2 measuring 2 acres, which was granted in favour of the petitioner's late father. -3-

3. Learned Addl. Government Advocate upon instructions

submits that the burial ground is restricted to Sy.No.206 and no portion of Sy.No.28/8 of Basavanahalli village, Honnali Taluk measuring 2 acres, which has been granted to the petitioners' late father would be used for the said burial ground.

4. The said submission of the learned Addl. Government Advocate answers the grievance and apprehension on the part of the petitioner.

5. Placing the submissions on record, the petition stands disposed of.

6. In view of disposal of the main matter, I.A. No.1/2021 and 2/2021 do not survive for consideration. Accordingly, the same stand disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE MN List No.: 1 Sl No.: 32

Same Court & Year Karnataka · 2024 Same Parties Sri Doddappa vs The State of Karnataka Same Judge Suraj Govindaraj