Karnataka High Court
WP/24298/2021 of SRI.AVINASH BASAVARAJ Vs THE STATE OF KARNATAKA on 29 December 2021
COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF DECEMBER 2021 BEFORE THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD WRIT PETITION No.24298 OF 2021 (KLR RES) BETWEEN: SRI.AVINASH BASAVARAJ S/O Dr. B.N. BASAVARAJ AGED ABOUT 43 YARS OCC: AGRICULURIST R/O P.J. EXTENSION DAVANAGERE
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29[TH]DAY OF DECEMBER 2021
BEFORE
THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD
WRIT PETITION No.24298 OF 2021 (KLR RES)
BETWEEN:
SRI.AVINASH BASAVARAJ S/O Dr. B.N. BASAVARAJ AGED ABOUT 43 YARS OCC: AGRICULURIST R/O P.J. EXTENSION DAVANAGERE 577002
.. PETITIONER
(BY SRI.VIGNESWARA S. SHASTRI, SENIOR COUNSEL FOR SRI DINESHA H.M., ADVOCATE)
AND
1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT M.S. BUILDING BANGALORE 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT M.S. BUILDING BANGALORE 560001
2. THE ASSISTANT COMMISSIONER CHITRADURGA SUB DIVSIION CHITRADURGA DDISTRICT 577501 CHITRADURGA SUB DIVSIION CHITRADURGA DDISTRICT 577501
3. THE TAHASILDAR CHITRADURGA TALUK CHITRADURGA DISTRICT 577501 CHITRADURGA TALUK CHITRADURGA DISTRICT 577501
4. Dr. B.N. BASAVARAJ S/O LATE NANDI BASAPPA S/O LATE NANDI BASAPPA
AGED ABOUT 76 YEARS R/O DOOR NO. 593/1 6TH MAIN P.J. EXTENSION DAVANAGERE TOWN - 577002 R/O DOOR NO. 593/1 6TH MAIN P.J. EXTENSION DAVANAGERE TOWN - 577002
5. SRI. J. MALLIKARJUNA S/O LATE JAYADEVAPPA AGED ABOUT 70 YEARS R/O DOOR NO. 1716-37-38 NEAR HALLI MAHADEVAPPA HIGH SCHOOL SIDDAVEERAPPA BADAVANE DAVANAGERE TOWN - 577002 S/O LATE JAYADEVAPPA AGED ABOUT 70 YEARS R/O DOOR NO. 1716-37-38 NEAR HALLI MAHADEVAPPA HIGH SCHOOL SIDDAVEERAPPA BADAVANE DAVANAGERE TOWN - 577002
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6. SRI. J. MANJUNATHA S/O LATE JAYADEVAPPA AGED ABOUT 68 YEARS #1017/1018, 'VARUNNILAYA' 1ST MAIN, 7TH CROSS TARALABALU BADAVANE DAVANAGERE TOWN - 577002 S/O LATE JAYADEVAPPA AGED ABOUT 68 YEARS #1017/1018, 'VARUNNILAYA' 1ST MAIN, 7TH CROSS TARALABALU BADAVANE DAVANAGERE TOWN - 577002
7. SRI. B.J. BASAVARAJAPPA S/O LATE JAYADEVAPPA AGED ABOUT 65 YEARS R/O. K. BALLEKATTE VILLAGE CHITRADURGA TALUK CHITRADURGA DISTRICT - 577541
8. SRI. SHIVAMURTHY S/O LATE RUDRAPPA AGED ABOUT 68 YEARS R/O K. BALLEKATTE VILLAGE CHITRADURGA TALUK CHITRADURGA DISTRICT 577541 S/O LATE RUDRAPPA AGED ABOUT 68 YEARS R/O K. BALLEKATTE VILLAGE CHITRADURGA TALUK CHITRADURGA DISTRICT 577541
...RESPONDENTS
(BY SRI C.N. MAHADESHWARAN, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R3 TO IMPLEAD AND TO TREAT THE PETITIONER AS PARTY TO THE RRT PROCEEDINGS IN NO.RRT/293/2021, RRT/294/2021, RRT/295/2021, RRT/296/2021, RRT/314/2021, RRT/315/2021 AND RRT/316/2021 AND CONSIDER HIS OBJECTIONS VIDE ANNEXURE-G DATED 30.11.2021 BY GIVING HIM AN OPPORTUNITY OF PERSONAL HEARING IN THE ENQUIRY / PROCEEDINGS AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Sri Vigneswara S. Shastri, the learned Senior Counsel for the petitioner, and the learned Additional Government Advocate who accepts notice for respondent Nos.1 to 3, are heard for final disposal.
The petitioner, who does not dispute that the suit commenced by his father in O.S. No.49/1982 has culminated with the final decree in F.D.P. No.11/1995 on the file of the learned Principal Senior Civil Judge, Chitradurga, has sought for directions to the Tahsildar (third respondent) to treat the petitioner as a party in the pending proceeding and to consider his objections with due opportunity to the petitioner.
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The learned senior counsel for the petitioner draws attention of this Court to the third respondent –Tahasildhar’s order dated 06.12.2021, and it is seen from this order that the third respondent has listed the proceedings on 31.12.2021 recording that the petitioner's counsel has sought leave to enter appearance in the proceedings. It is reiterated by the learned Senior Counsel that the request on behalf of the petitioner with the third respondent is to be heard on the objections filed.
In the light of the objections as per Annexure-J, this Court is of the considered view that the petition could be disposed of with liberty to the petitioner to place on record before the third respondent the circumstances relied upon in the present petition and seek order and if such information is placed on record, the third respondent shall consider the same strictly in accordance with law after hearing the petitioner.
BS
The petition stands disposed of accordingly.
Sd/- JUDGE
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