High Court Karnataka High Court

Sri G E Thipaiah S/O Late G.P. Ere … vs The Tahsildar on 11 August, 2008

Karnataka High Court
Sri G E Thipaiah S/O Late G.P. Ere … vs The Tahsildar on 11 August, 2008
Author: D.V.Shylendra Kumar
1
IN THE HIGH COURT OF KARNATAKA

AT BANGALORE 3 __ V V
Dated this the 1 1*" day of August,  V    is
BEFORE:    _ &
mm Homnm MR JUSTICE D   _ .

W:'itPe§_i§'gg; gyg. 1021W.§L"'-?Q08A'[E   
§.Is:.1;w..§.z_..N       

SRI. cm. THIPAIAH,

S/O LATE (3.13. ERE GOWDA,
AGED ABOUT 74 YEARS,  V
R/A GUDDADAMANE'ESTAT;E,"  ~ .;
ALDUR, CHZKMAG£.LU«R,'DIS'FRIGT--f

REP. BY HIS GENERA::;PQw.Ei2   _ .
0? A'I'I'ORNEY, ::p.JQY.THIRAIA'HT';--.L    '
S/O (3.3. THIPA1A.H;»-. rj,   «. '
AGED 46       
R/A GuDn::ADAMAr3a: £»;s'rA'r--§;,  _ --

ALSUR POST e-5?? 111.;-.__ '  
CHIKMAGALURTALUBL'    PE'm'IONER

{By sxi,.--. Maniiibhan. P.N., Adv.]

   2  ~~~~ 
 ' ..7'1'»HE'TA'r1sII,,bAR,

 ..c~>' ..  % :9 %

--- TALUK,
= Ac§«1IKMAr.:gA1_,vR DISTRICT.

  COMMISSIONER,
 CHIKMAGALUR DESFRICT,
A. CHIKMACIALUR.

 V THE STATE OF KARNATAKA,
} REP. BY ITS SECRETARY,
 DEPARTMENI' OF REVENUE,
M.S. BUILIDING,
BANGALORE - 560 001.  RESPONDENTS

if a person who is in unauthorized
be evicted in a highhanded manner

_ anti””the..’ should be only in accordance with law;

H H ” the petitioner once earlier under a similar

.’ approached this court by filing WP No 3980

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depressed classes and as such the land had also__ been

granted in their favour, but they could “if!
possession <1ue__t'n_various disputes etc. it it 3 is A

3. The petitioner appxfehendslij
order, the petitioner may 4′ *’
Without the Deputy
following due process etc.

4. Appearing for the N Manmohan,
learned urged that even
the Deputyii take the law into his
own A’ is in possession and
enjoyment of Ejuestion and this possession

te1(en_’atva$r’ witiiout following due procedure of

§/

–. may, it is not necessary for this court to

in which survey number and as to whether
< is in possession of a larger extent of iand
extent of Iand he had been granted. They are

matters which need be examined in a proceeding

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of 2006, which came to be disposed of in terms offoz*(ier
dated 2 1-6-2006 [copy at Annexure-G to the
that notwithstanding such order, the .,
a highhanded manner initiated
petitioner without following due. etej7- i it

5. While a perusal of the passed
by this court in the __does riot reveal
anything in favour of of order at
Annexure-A directed against
the petifiozier apprehension of the
petitioneij is –‘ 3 as was observed by this

court in * of litigation by the very

Veihat extent of land is in possession of the