Karnataka Gulbarga Court February 2014 Judgments
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S.R. Patil and Others Vs. the Director of Agriculture Produce Marketin ...
Court: Karnataka Gulbarga
Decided on: Feb-28-2014
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to issue writ of mandamus, directing respondents No.l to 4 to allot shops at Chadechan APMC yard in terms of Annexure- E.) 1. Learned Government Pleader is directed to take notice for Respondents 1 and 2. Sri Mallikarjun Basareddy, learned Advocate takes notice for Respondents 3 and 4. Heard. The grievance of the petitioner is that respondents 1 to 4 are not allotting shops formed in APMC Yard at Chadachan, though the sites were allocated in their names vide Annexure-'E'. 2. The records reveal that the Agriculture Produce Marketing Committee, Indi issued a notification as per Annexure-'A' dated 18.05.2013 for allotting certain shops formed in APMC yard Chadachan. Petitioners also filed applications seeking allotment. It seems the APMC, Indi has selected the petitioners as per the resolution Annexure-'E' dated 04.07.2013 for allotment of shops. According to the petitioners they hav...
Budde Sab Alias HussaIn Sab Vs. the Deputy Commissioner Yadgir and Oth ...
Court: Karnataka Gulbarga
Decided on: Feb-25-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Issue A Writ Of Mandamus, Giving Directions To The Respondents To Consider The Representation As Per Annexure-D Dated 30.05.2013 For Grant Of Regularization Of Unauthorized Cultivation Of Land Sy.No. 15 To The Extent Of 4 Acres Out Of 41 Acres 33 Guntas Of Village Rajankollur, Taluka Surpur, Under The Facts And Circumstances Of The Case.) 1. Petitioner has sought for a direction to the respondents to consider the representation filed by him as per Annexure-D dated 30.05.2013 praying for regularization of unauthorized cultivation of the land bearing Sy.NoJ.5 to an extent of 4 acres out of total extent of 41 acres 33 guntas of Rajankollur village, Surpur Taluk, Yadgii District. 2. It seems that the petitioner filed application for grant of land/regularization of his occupation over the land bearing Sy.No. 108/1 to an extent of 4 acres situated at Rajankollur village, Surpur Taluk as pe...
Ambawwa and Others Vs. Sharanappa and Others
Court: Karnataka Gulbarga
Decided on: Feb-25-2014
(Prayer: This Rfa Is Filed Under Section 96 Of CPC Against The Judgment And Decree Dated 02.04.2007 Passed In Os No.84/2005 On The File The Ii Addl. Civil Dudge (Sr.Dn) Gulbarga Dismissing The Suit For Partition And Separate Possession.) 1. The appellants have challenged tne judgment and decree dismissing their suit for partition and separate possession of their l/3rd share in the suit property, the agricultural land described in para 2 of the plaint. 2. The facts relevant for the purpose of this appeai are as under: Parties will be referred as per their rank be-Fore the Trial Court for the sake of convenience. The appellants herein are the LRs of first plaintiff and the second plaintiff. Defendants 1 and 3 are the cousin brothers of deceased plaintiffs 1 and 2. Devappa is the propositus who had three sons, the first one is Hunchappa and defendant No.3 is the person who represents the branch of Hunchappa. The second is Bhimarma and the first defendant represents his branch.. The plaint...
The State, Through Lokayukta Police Vs. Harmuzdiar
Court: Karnataka Gulbarga
Decided on: Feb-21-2014
(Prayer: This Crl.R.P. Is Filed Under Section 897 R/W 401 Of Cr.P.C. Praying To Set Aside The Order Dated : 26.11.2012 Passed Under Section 451 Of Cr.P.C. Releasing The Bank Deposits, Indira Vikas Patra, Share Certificates And Also The Sale Deeds Of Immoveable Properties By The Principal Sessions Judge, Gulbarga Thereby Allowed The Application Filed By The Acccused In Speciail Case No.71 Of 2005.) 1. This revision petition iq filed seeking to set aside the ordei dated 26.11.2012 passed by the Principal Sessions Judge, Gulbarga/Spl Judge in Spl.case No.71/2005, under which the trial Court has returned the documents i.e., Bank deposit receipts, Indira Vikas Patros and share certificates belongs to the respondent who is facing the case for offences under the Prevention of Corruption Act. The charge against the respondent is ih at he was having assets disproportionate to his known source of income. It is seen from the order that the Spl. Judge has directed the respondent-accused to execute...
Shyamarao Vs. Hanamant (Papanna) and Others
Court: Karnataka Gulbarga
Decided on: Feb-17-2014
(Prayer: This RFA is filed U/S. 96 R/IAL Order 41 Rule 1 CPC against the Judgment and Decree dtd. 30.08.2006 passed in O.S.No.20/2005 on the file of the Civil Judge (Sr.Dn) Basavan Bagewadi, dismissing the suit for declaration and injunction.) 1. The appellant has challenged the judgment and decree in O.S.No,20/2005 dated 30th August 2006, dismissing the suit for declaration and injunction. 2. The parties would be referred to as per their ranks before the Trial Court for the sake of convenience. 3. The facts relevant for the purpose of this appeal are as follows: The appellant - plaintiff before the Trial Court is the full brother of defendant No.4; they are the sons of Muddurao, whereas defendant Nos.1 and 3 are the son and daughter of Aannaraya arid defendant No.2 is the wife of Annaraya; Muddurao and Annaraya were full brothers; they were said to be the members of a joint family. The family owned the lands bearing 1) Sy.No.72/1 later numbered as C.S. NO.106/A measuring 9 acres b gun...
Mehtabsab Vs. Yusuf and Another
Court: Karnataka Gulbarga
Decided on: Feb-17-2014
(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 of the Constitution of India Praying To Issue Order Or Writ In The Nature Of Certiorari Quashing Order Dated 23.06.2008 Vide Annexure-D Passed In Misc.Application No.55/2005 By The 1st Addl. Civil Judge (Sr. Dn.) Bijapur And Which Is Confirmed In Ma No. 17/2008 By The Learned Ii Addl. District Judge, Bijapur And Consequently Condone The Deiay In Filing An Application By Setting Aside The Exparte Award Dated 13.09.2002 In Mvc No.985/1995.) 1. The Second Additional District Judge, Bijapur, has refused to condone the delay in filing Miscellaneous Appeal No. 17/2008. 2. The records reveal that MVC No.985/ 1995 was disposed of on 13.09.2002 by MACT-VI, Bijapur. Petitioner herein filed application for setting aside the exparte award dated 13.09.2002 in Miscellaneous Application No.55/2005 under Order - IX Rule 13 CPC. The same came to be dismissed by the First Additional Civil Judge, Senior Division, Bijapur, on 23.06.2008. T...
Manikrao and Others Vs. the State of Karnataka by Its Secretary Depart ...
Court: Karnataka Gulbarga
Decided on: Feb-14-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Impugned Order Dated 08.02.2006 Passed By The 4th Respondent Vide Annexure-F And Also The Allotment Letter Daetd 13.03.2006 Made In Favour Of The 5th Respondent Vide Annexure-G And ETC.) 1. Petitioners 1(a) to 1(c) are the legal representatives of Manikrao S/o Channabasappa Boral. He made an application to the 4th respondent - Karnataka Housing Board for allotment of house on 23.06.1995. Petitioners were allotted house bearing No.38/A MIG at Kotnoor, Gulbarga, on 16.08.1999 with certain terms and conditions. The lease cum sale agreement was entered into between the petitioners and the 4th respondent - Housing Board as per Annexure-C dated 08.10.1999. By that time, petitioners had already deposited a sum of Rs.73,625.25 paise. The total cost of the property provisionally fixed was Rs.2,94,500.00 paise. However, it is made clear that the cost is liable for variation on certai...
Yamanappa Vs. the State of Karnataka and Others
Court: Karnataka Gulbarga
Decided on: Feb-14-2014
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue writ of mandamus or any other writ or order, directing the respondents to constitute the Land Tribunal in respect of Sindhanur Taluk of Raichur District within a time bound period, in the interest of justice of equity.) 1. The only grievance of the petitioner is that the Land Tribunal is not constituted at Sindhanur and consequently the petitioner's matter bearing No.LRM/TNC/1774/75-76 is not heard till this day. 2. The petitioner's application came to be rejected at the earlier instance by the Land Tribunal, Sindhanur. The same was challenged before this Court in WP.No.42882/2002(LR), which came to be allowed on 14.7.2008 and the matter came to be remanded to the Land Tribunal for fresh disposal in accordance with law. Till this day, the said matter is not taken up by the Land Tribunal. On verification, the petitioner came to know that the Land Tribunal is not constituted in ...
HussaIn Bi Vs. the Land Tribunal, by Its Chairman and Others
Court: Karnataka Gulbarga
Decided on: Feb-13-2014
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order vide Annexure-D dated 22.10 1998 passed by R1 etc.,) 1. The order of the Land Tribunal Annexure-D dated 22.10.1998 is called in question in this writ petition. By the said order, the application filed by the petitioner for grant of occupancy rights in Form No.7 is rejected. 2. The case of the petitioner is that Mr. Rajesa was the protected tenant of the land bearing C.S. No. 1638/3/4 measuring 11 acres 16 guntas of Basavana Bagewadi in Bijapur district. The father of Respondent Nos.3 and 4 viz., Jevoorsa Makanandar is the owner of the property. The said Rajesa cultivated the property from 1950 onwards till his death. After the demise of Rajesa, petitioner's husband Aminsa continued the tenancy. Aminsa is the son of Rajesa. After the death of Aminsa, the petitioner being the wife of Aminsa is stated to be cultivating the property as a tenant. 3. This case has got a ch...
Mohd. TajoddIn Vs. the Deputy Commissioner Bidar
Court: Karnataka Gulbarga
Decided on: Feb-13-2014
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ or order or direction in the nature of mandamus, directing the respondent to receive conversion fee and issue certificate or proceedings permitting the use of land bearing Sy.No.108/1 measuring 02 acres 34 guntas of Tripurant village, Tq. Basavakalyan, District Bidar, to non-agricultural purpose now pending in the file No.CON/CR/2012-13 of the respondent/Dy. Commissioner, Bidar as prayed in Annexure-A, etc.) The grievance of the petitioner is that his application seeking conversion of the land bearing Sy.No.108/1 of Tripurant village, Basavakalyan Taluk, Bidar District for non-agricultural purpose is not considered by the respondent at an early date. According to him, he made an application seeking conversion on 23.07.2012 in respect of 2 acres 34 guntas of land. If the petitioner is the owner of the property in question and if he is entitled for conversion in accordan...