IN THE HIGH COURT OF KARNATAKA AT BANGALORE WPNO. 6900 OF 2006
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m me may cover or KARMA TAKA AT EANGALORI.-'IV - A A
DATED THIS ms 181" may or JULY. A jgf E r» u
BEFORE
THE Houms me. JUSTICE A iv.K.éA'7iL _ ' % g ;
W.P.NO. 6900 OF 2006A (LR) A f A '
BETWEEN
HSSIJBRAMANYA BHAT --.
SJONARAYAN BHAT AGED Aaour 74 YEEARS ,
sooRA:~£As<ooiGE, HONNAKERE vzguaez A'
THIRTHAHALLITALUK, SHIMOGA i}i$TRiCT_.._ '-- . _
' PFEHTIONER
(BY SRi.PRAKASHfi_t_ Hés3gt3E§j}{g.Aa'2g.=¢ATV;E.) if; '
AM): """ 'A . ..
1 sTATfi._oF--_KA..=2§QATAKA'A .. ' -
REPRE$ENT_ED BY RE.x4ENu.EA'sEg:RETAR¥
M.S.BU{LF}iNG,A BAr~e.NAcaAF'.F?2?a SHEJTY
MAJOR; HOSAKERE ViLLAGE
' SOO¥'~1AN3.'\KODIGE, KATLIHUKLU POST
' .. THiRTHAHALLl TALUK, SHMGGA
V' 'vcfHA;~¢Du susrw
" A. SfO}DHOOJASHETTY
MAJOR, SOORANKODIGE
~ A HONNAGERE VILLAGE
IN ma man com? 032' KARNATAKA AT BANGALORE wmzo. 5900 01: was
IN THE HIGH CCRERT OF KARNATAKA AT BANGALORE. WPNO. 6900 OF 2906
--4~«
without taking decision on me basis of fiwe relevant
materials available on file, has proceeded to register the
occupancy rights in favour of petitioner only to "
of 15 Guntas in Sy.No.52IP7 and
sy.Ne.531r>2 and without assignang anylaasdreasaa,
rejected the entire claim of the-ipetitiienér Vin
Sy.No.55 is concerned. petitioner was
conaeained to redress this Court by
way of presenting this 'appropriate
relief.
3. I lhatre counsel appearing for
i'~leamed--.fi_oyernment Pleader appearing for
Aireepondenteal and learned counsel appearing for
4.x Jtftericareful perusal of the impugned order
«Apaieeedj the 2"" respondent vide Annexure----G and after
evaluation of the entire original records made
“‘-efiailable by the learned Government Pleader appearing
IN TEE HIGH COIJRT OF KARNATAKA AT BANGALORE WPNO. 6900 @ 2&6
IN T}~iE HIGH COURT OF KARNATAKA AT BANGALORE. WPNO. 6900 OF 2006
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for respondents-1 and 2 at threadbare, what it emerged’
that, 2″” respondent has committed a grave
less material irregularity in proceaa-ding’ Rx
impugned order contrary to Vthe
available on file. Nor the 2″‘
decision in strict mmpliarfpg dfovidions
of the Act and Rules. records
available on filai, that, from
the agricultur:;!j.V.qy§’§iié’:% Vtiwe name of the
petitioner to an extent of 35
Games in is for (12 Acres 25
Guntag clairfi gfietitioner as made by him in his
been properly considered by the 2′”
A any valid reasons for
. extent of land in Sy.No.52 and 53 and
«fat; the enfire claim of the petitioner in respect of
ii Sy.No.55. Therefore, in View of non conducting
enquiry and not aft ‘ng reasanable opportunity
IN “ms men»; comer or KARNATAKA AT BANGALORE wmzo. 5900 01? mes
EN THE HIGH COURT OF KARNATAKA AT BANGALORE. WPNO. 6900 OF 2006
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to the petitioner and 4″‘ respondent and for gross _
of principles of natural justice, the impugned order
by the second respondent, cannot
liable to be set aside at fiwresheld,
into the merits and demerits of ‘ p p
5. in the light of fi1ef’far;ts the
case as stated above, the is
allowed in part. V
The 2003 passed
by the Commissioner,
Shimoga in proceeding No.
inA:cR;;;e:2cmoi ~..V1VV§rideiV:Annexure–G, in so far as the
efine of the petitioner in respect of lands
in sy.iN}g; an 55 of Honnagere village, Thirthahaiii
_ ifiistrict, is hereby set aside.
T stands remitted back to the 2″” respondent
Commissioner, Shimoga District, Shimoga with a
*direction to take appropriate decision, in strict compliance
m me man coma’ 0:-” KARNATAKA AT BANGALORE Wang. 5900 01: 2006
IN Tivlfi HIGH COURT OF XARNATAKA AT QANGALORE. WPNC). 6900 OF 2006
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of the relevant provisions of the Act and
dispose of the same, after affarding
opportunity of hearing to me petitione_.r~andA
and 4, as expeditiously as possible, ih’v_§Aé\é*,
the matter is pending adjudic:$1»fi::§§i”w1beh}§}ee;1-thjéa
since several years.
Judge
tsm
IN THE HIGH comm’ 0? KARNATAKA AT BANGALORE w1>.N0. 6986 ()1? 2905