Ningappa vs the State of Karnataka - Court Judgment

SooperKanoon Citationsooperkanoon.com/1868611
CourtKarnataka Orders High Court
Decided OnDec-20-2024
Case NumberWP/4667/2024
JudgeE.S.Indiresh
AppellantNingappa
RespondentThe State of Karnataka
Excerpt:
-1-in the high court of karnataka at bengalurudated this the 20th day of december, 2024 before the hon'ble mr justice e.s.indiresh writ petition no. 4667 of 2024 (klr-res) between:1. ningappa s/o doddathimmajara mallapa aged about 70 years.2. anjinamma w/o hanumantarayappa aged about 50 years. petitioners no.1 and 2 are karnataka - 577 546.3. pathammadigitally signed by w/o hanumanthappa sharma anand aged about 40 years. chaya location: high r/at a.k. colony, court of karnataka khandenahally, karnataka - 577 5464. thimmaraya s/o bevinamarad hanumanthappa. aged about 45 years.5. anjinamma w/o bomanna aged about 48 years. -2-6. ramachandra s/o yatakallappa aged about 60 years7. thippeswamy s/o narasimhappa aged about 40 years petitioners no.4 to 7 are karnataka - 577 546.8. durgamma w/o bhuthanna aged about 45 years upplagere, adivala, adivala, chitradurga karnataka - 577 511.9. narasamma w/o ningappa, khandenahally, chitradurga, karnataka - 577 54610. malamma w/o lokesh aged about 35 years no.94, behind shanimahatma temple, hiriyur taluk, khandenahalli, khandenahally, chitradurga, karnataka - 57754611. govindappa s/o mugathimappa aged about 70 years.12. narasimhappa s/o balakadurappa aged about 59 years -3-13. rathnamma w/o eshwarappa aged about 48 years14. thippeswamy s/o thimmarayappa aged about 52 years15. mudlappa bin mugathimappa16. thimmakka w/o bhuthanna aged about 45 years17. thippeswamy s/o hanumanthappa18. julajjara rangappa s/o ningappa,19. govindaraju s/o bhuthappa20. bhagyamma w/o nagabhushana21. thippeswamy s/o jol thimmappa22. rangaswamya s/o buduki thimmanna -4-23. kariyanna s/o govindappa24. thippeswamy s/o chikkamudlappa25. devraju s/o ningappa aged about 48 years26. ravikumar s/o mudlappa aged about 40 years27. shivanna s/o thimmappa28. rangaswamy s/o hanumanthappa aged about 40 years petitioners no.11 to 28 are karnataka - 577546.29. ranganna s/o musure ranganna aged about 70 years a k colony, khandenahalli, khandenahally, chitradurga, karnataka - 577546.30. thimmaraya s/o govindappa aged about 53 years -5-31. mahalingappa s/o lingappa aged about 65 years32. shivalingamma w/o late ramanna33. joganna s/o chittappa aged about 65 years34. sharadhamma w/o kenchappa aged about 47 years35. madar sab d/o himen sab36. radamma w/o umesha aged about 30 years37. nagaraj s/o ramanna aged about 45 years petitioners no.30 to 37 are karnataka 577546 …petitioners (by sri. hareesh bhandary t., advocate) and:1. the state of karnataka rep. by its principal secretary, department of revenue, -6- m.s.building, bengaluru - 5600012. the deputy commissioner chitradurga district, chitradruga - 5775013. the assistant commissioner chitradurga sub division, chitradruga - 5775014. the president committee for regularization of unauthorized occupation.5. the secretary bagar hukum committee, chitradurga - 5775016. the tahsildar hiriyur taluk, chitradurga - 572 143 …respondents (by sri. b.p. radha, aga) this writ petition is filed under articles 226and 227 of the constitution of india praying to direct the respondents to consider the form no.57 which are filed by the petitioners as early as possible and further to direct the respondents to grant the respective lands as per the possession of unauthorized occupation as is where is; and etc. this petition coming on for preliminary heraing, this day, order was made therein as under: coram: hon'ble mr. justice e.s.indiresh -7-oral order1. heard learned counsel for the parties.2. the grievance of the petitioners in this writ petition iswith regard to directing the respondents to consider form no.57 filed by petitioners seeking grant of lands as the petitioners are in possession of the schedule properties as unauthorized occupants.3. in that view of the matter, without considering thematter on merits, respondent no.6 is directed to consider the representations at annexures-b to b37 in respect of subject lands mentioned in the writ petition in accordance with law, within an outer limit of four months from the date of receipt of a certified copy of this order.4. the writ petition is disposed of accordingly. sd/- (e.s. indiresh) judge pgg
Judgment:

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 4667 OF 2024 (KLR-RES) BETWEEN:

1. NINGAPPA S/O DODDATHIMMAJARA MALLAPA AGED ABOUT 70 YEARS.

2. ANJINAMMA W/O HANUMANTARAYAPPA AGED ABOUT 50 YEARS. PETITIONERS NO.1 AND 2 ARE KARNATAKA - 577 546.

3. PATHAMMA

Digitally signed by W/O HANUMANTHAPPA SHARMA ANAND AGED ABOUT 40 YEARS. CHAYA Location: High R/AT A.K. COLONY, Court of Karnataka KHANDENAHALLY, KARNATAKA - 577 546

4. THIMMARAYA S/O BEVINAMARAD HANUMANTHAPPA. AGED ABOUT 45 YEARS.

5. ANJINAMMA W/O BOMANNA AGED ABOUT 48 YEARS. -2-

6. RAMACHANDRA S/O YATAKALLAPPA AGED ABOUT 60 YEARS

7. THIPPESWAMY S/O NARASIMHAPPA AGED ABOUT 40 YEARS PETITIONERS NO.4 TO 7 ARE KARNATAKA - 577 546.

8. DURGAMMA W/O BHUTHANNA AGED ABOUT 45 YEARS UPPLAGERE, ADIVALA, ADIVALA, CHITRADURGA KARNATAKA - 577 511.

9. NARASAMMA W/O NINGAPPA, KHANDENAHALLY, CHITRADURGA, KARNATAKA - 577 546

10. MALAMMA W/O LOKESH AGED ABOUT 35 YEARS NO.94, BEHIND SHANIMAHATMA TEMPLE, HIRIYUR TALUK, KHANDENAHALLI, KHANDENAHALLY, CHITRADURGA, KARNATAKA - 577546

11. GOVINDAPPA S/O MUGATHIMAPPA AGED ABOUT 70 YEARS.

12. NARASIMHAPPA S/O BALAKADURAPPA AGED ABOUT 59 YEARS -3-

13. RATHNAMMA W/O ESHWARAPPA AGED ABOUT 48 YEARS

14. THIPPESWAMY S/O THIMMARAYAPPA AGED ABOUT 52 YEARS

15. MUDLAPPA BIN MUGATHIMAPPA

16. THIMMAKKA W/O BHUTHANNA AGED ABOUT 45 YEARS

17. THIPPESWAMY S/O HANUMANTHAPPA

18. JULAJJARA RANGAPPA S/O NINGAPPA,

19. GOVINDARAJU S/O BHUTHAPPA

20. BHAGYAMMA W/O NAGABHUSHANA

21. THIPPESWAMY S/O JOL THIMMAPPA

22. RANGASWAMYA S/O BUDUKI THIMMANNA -4-

23. KARIYANNA S/O GOVINDAPPA

24. THIPPESWAMY S/O CHIKKAMUDLAPPA

25. DEVRAJU S/O NINGAPPA AGED ABOUT 48 YEARS

26. RAVIKUMAR S/O MUDLAPPA AGED ABOUT 40 YEARS

27. SHIVANNA S/O THIMMAPPA

28. RANGASWAMY S/O HANUMANTHAPPA AGED ABOUT 40 YEARS PETITIONERS NO.11 TO 28 ARE KARNATAKA - 577546.

29. RANGANNA S/O MUSURE RANGANNA AGED ABOUT 70 YEARS A K COLONY, KHANDENAHALLI, KHANDENAHALLY, CHITRADURGA, KARNATAKA - 577546.

30. THIMMARAYA S/O GOVINDAPPA AGED ABOUT 53 YEARS -5-

31. MAHALINGAPPA S/O LINGAPPA AGED ABOUT 65 YEARS

32. SHIVALINGAMMA W/O LATE RAMANNA

33. JOGANNA S/O CHITTAPPA AGED ABOUT 65 YEARS

34. SHARADHAMMA W/O KENCHAPPA AGED ABOUT 47 YEARS

35. MADAR SAB D/O HIMEN SAB

36. RADAMMA W/O UMESHA AGED ABOUT 30 YEARS

37. NAGARAJ S/O RAMANNA AGED ABOUT 45 YEARS PETITIONERS NO.30 TO 37 ARE KARNATAKA 577546 …PETITIONERS (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND:

1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, -6- M.S.BUILDING, BENGALURU - 560001

2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADRUGA - 577501

3. THE ASSISTANT COMMISSIONER CHITRADURGA SUB DIVISION, CHITRADRUGA - 577501

4. THE PRESIDENT COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION.

5. THE SECRETARY BAGAR HUKUM COMMITTEE, CHITRADURGA - 577501

6. THE TAHSILDAR HIRIYUR TALUK, CHITRADURGA - 572 143 …RESPONDENTS (BY SRI. B.P. RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE FORM NO.57 WHICH ARE FILED BY THE PETITIONERS AS EARLY AS POSSIBLE AND FURTHER TO DIRECT THE RESPONDENTS TO GRANT THE RESPECTIVE LANDS AS PER THE POSSESSION OF UNAUTHORIZED OCCUPATION AS IS WHERE IS; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HERAING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH -7-

ORAL ORDER

1. Heard learned counsel for the parties.

2. The grievance of the petitioners in this writ petition is

with regard to directing the respondents to consider Form No.57 filed by petitioners seeking grant of lands as the petitioners are in possession of the schedule properties as unauthorized occupants.

3. In that view of the matter, without considering the

matter on merits, respondent No.6 is directed to consider the representations at Annexures-B to B37 in respect of subject lands mentioned in the writ petition in accordance with law, within an outer limit of four months from the date of receipt of a certified copy of this order.

4. The writ petition is disposed of accordingly. SD/- (E.S. INDIRESH) JUDGE PGG