Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4159 WP No. 701 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 701 OF 2019 (LB-RES) BETWEEN:
1.
SRI GOVINDA NAIK D P AGED ABOUT 43 YEARS,
2.
KRISHNA NAIK S/O LATE GOVINDA NAIK AGED ABOUT 43 YEARS
3.
NARASIMHA NAIK S/O MUNIYA NAIK AGED ABOUT 34 YEARS
4.
MARIYAPPA NAIK S/O THOLACHA NAIK AGED ABOUT 30 YEARS
5.
KRISHNA NAIK S/O CHIKKA SEVA NAIK AGED ABOUT 70 YEARS
ALL ARE RESIDING AT DODDA MASKAL VILLAGE, MADBAL HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562120 …PETITIONERS (BY SRI. NATARAJU T., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4159 WP No. 701 of 2019
REVENUE DEPARTMENT VIDHANA SOUDHA, BENGALURU - 560001 REP BY ITS PRINCIPAL SECRETARY
2.
THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT, RAMANAGARA – 562159
3.
THE TAHSILDAR MAGADI TALUK, MAGADI TOWN RAMANAGARA DISTRICT – 562120
4.
PANCHAYATH DEVELOPMENT OFFICER BAACHENAHATTI VILLAGE PANCHAYATH MADABAL HOBLI, MAGADI TLAUK RAMANAGARA DISTRICT – 562120
5.
BAACHENAHATTI VILLAGE PANCHAYATH MADABAL HOBLI, MAGADI TLAUK RAMANAGARA DISTRICT - 562120 REPRESENTED BY ITS SECRETARY …RESPONDENTS
(BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1 TO R-3;
SRI. B.J.SOMAYAJI., ADVOCATE FOR R-4 & R-5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE ENDORSEMENT DATED 14.11.2018 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-K, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
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NC: 2025:KHC:4159 WP No. 701 of 2019
ORAL ORDER
1. The petitioners are aggrieved by the issuance of the endorsement dated 14.11.2018, Annexure ‘K’, by which it is stated that the land in between Sy.Nos.1/1 and 1/3 is the subject matter of litigation and therefore, the same cannot be identified or ear-marked for the purpose of establishing a community hall.
2.
Learned counsel for the petitioners strenuously contends that there are absolutely no litigations in respect of either of the lands and this statement is made only to avoid the construction of a community hall.
3. He also highlights the fact that that this land has in fact been identified as per Annexure ‘H’ for the purpose of constructing a community hall and therefore, appropriate direction be issued to the authorities.
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NC: 2025:KHC:4159 WP No. 701 of 2019
4. In light of the
submissions made by the petitioners, it would be appropriate to direct the respondent-authorities to consider the request of the petitioners (as per Annexures “B” & “J”) for establishing the community hall, since it is contended that there is no litigation pending in respect of the land in question.
5. If there is litigation pending in respect the land in question, the same shall be informed to the petitioners so as to enable them to take appropriate steps to resolve the litigation.
6. This exercise shall be undertaken and completed within a period of two months from the date of receipt of a copy of this order.
7. The writ petition is accordingly disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 63