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2025 DAILYLAW 7120 (KAR)

SHAREEF HASSAN AHMAD SAHEB v. ASSISTANT COMMISSIONER

WP/105892/2024 · 2025-01-23

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC-D:1266 WP No. 105892 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105892 OF 2024 (LR-) BETWEEN: SHAREEF HASSAN AHMAD SAHEB AGE: 56 YEARS. OCC: AGRICULTURE. R/O.HERANGADI, TQ. HONNAVAR DIST. UTTAR KANNADA-591313. …PETITIONER (BY SRI. S.P.KANDAGAL, ADVOCATE) AND: 1. ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER, SUB-DN. BHATKAL, DIST. UTTAR KANNADA-581320. 2. TAHASILDAR OFFICE OF THE TAHASILDAR TQ. HONNAVAR, DIST. UTTAR KANNADA PIN. 581334. 3. MANJUNATH GANAPATHI NAIK AGE. MAJOR, R/O. BEERANGOD, TQ. HONNAVAR, DIST. UTTAR KANNADA PIN. 581334. 4. DEVAPPA GANAPATHI NAIK AGE. MAJOR, R/O. BEERANGOD, TQ. HONNAVAR, DIST. UTTAR KANNADA PIN. 581334 5. HEGDE SHIVARAM VISHNU AGE. MAJOR, R/O. BEERANGOD, TQ. HONNAVAR, DIST. UTTAR KANNADA GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Date: 2025.01.24 16:38:47 +0530 - 2 - NC: 2025:KHC-D:1266 WP No. 105892 of 2024 PIN. 581334. 6. HEGDE ISHWAR VISHNU AGE. MAJOR, R/O. BEERANGOD, TQ. HONNAVAR, DIST. UTTAR KANNADA PIN. 581334. …RESPONDENTS (BY SRI. M.M.KHANNUR, AGA FOR R1 AND 2; SRI DINESH M.KULKARNI, ADVOCATE FOR R3 AND 4; NOTICE TO R5 AND R6 IS DISPENSED WITH) -*-*-*- THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER NO.LRM.7A.SR.50/1+ 7+3+8 DATED 20-01-2023 AT ANNEXURE-E PASSED BY THE FIRS RESPONDENT GRANTING LANDS IN SY NO.17/3 MEASURING 0-23-8, 17/5 MEASURING 0-12-0, AND 17/7 MEASURING 1-3-0 OF BEERANGOD VILLAGE OF HONNAVAR TALUK, UTTAR KANNADA DISTRICT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondents No.5 and 6 is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: A) Issue a writ of Certiorari quashing the order No.LRM.7A.SR.50/1+ 7+3+8 dated 20-01-2023 at Annexure-E passed by the firs respondent granting lands in Sy.No.17/3 measuring 0-23-8, 17/5 - 3 - NC: 2025:KHC-D:1266 WP No. 105892 of 2024 measuring 0-12-0, and 17/7 measuring 1-3-0 of Beerangod village of Honnavar Taluk, Uttar Kannada District. B) Issue such other orders and directions as may be deemed fit in the circumstances of the case in the interest of justice and equity. 3. What is essentially challenged is an order issuing Form-7A. The petitioner has an alternative remedy in terms of Subsection 2 of Section 118 of the Karnataka Land Reforms Act. 4. Reserving such liberty, the petition stands disposed of. All questions are left open. 5. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 27