Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:26602 WP No. 3930 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3930 OF 2020 (CS-RES)
BETWEEN:
1.
SRI. G.P. NARAYANAPPA S/O SRI. G.T. PARAMESHWARAPPA, AGED ABOUT 53 YEARS, HELPER, BASAVESHWARA MEDICAL COLLEGE AND HOSTEL, JMIT CAMPUS, CHITRADURGA-577 501.
R/AT MATADA KURUBARAHALLI POST, NEAR ANJANEYA TEMPLE, CHITRADURGA-577 502.
2.
SRI. H.S. SIDDARAMA SWAMY S/O SRI. H. SIDDALINGAPPA, AGED ABOUT 60 YEARS, LIBRARIAN, SJMIT, CHITRADURGA-577 502.
R/AT VIDYANAGARA, CHITRADURGA-577 502. …PETITIONERS
(BY SRI. RAJESWARA P.N., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:26602 WP No. 3930 of 2020
2.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD, BANGALORE-560 023.
3.
THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES CHITRADURGA-577 502.
4.
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES CHITRADURGA-577 502.
5.
THE SECRETARY SJM HOUSING BUILDING CO-OPERATIVE SOCIETIES, CHITRADURGA-577 502, HAVING ITS REGISTERED OFFICE AT BANK COLONY, TURUVANOOR ROAD, CHITRADURGA-577 501.
6.
THE PRESIDENT SJM HOUSING BUILDING CO-OPERATIVE SOCIETY, BANK COLONY, TURUVANOOR ROAD, CHITRADURGA-577 501.
7.
S.J.M. HOUSING BUILDING COOPERATIVE SOCIETY REPRESENTED BY ITS PRESIDENT, BANK COLONY, TURUVANOOR ROAD, CHITRADURGA-577 501.
8. SUB-REGISTRAR CHITRADURGA TALUK, CHITRADURGA-577 501.
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HC-KAR NC: 2025:KHC:26602 WP No. 3930 of 2020
9.
THE CHIEF OFFICER / COMMISSIONER TOWN MUNICIPAL COUNSIL, (NAGARASABE), CHITRADURGA, CHITRADURGA DISTRICT. …RESPONDENTS
(BY SRI. HARISH A.S., AGA FOR R1 TO R4 & R8;
SRI. GANAPATHI BHAT VAJRALLI, ADVOCATE FOR C/R5, R6 & R7;
SRI. S. MAHESH, ADVOCATE FOR R9 (VK NOT FILED);
SRI. ABHISHEK K., ADVOCATE FOR IMPLEADING APPLICANT IN IA 2/2021 (VK FILED);
SRI. RAJATH H.V., ADVOCATE FOR IMPLEADING APPLICANTS IN IA 1/2022 (VK FILED))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) QUASH THE INTERIM ORDER DATED 20.07.2019 PASSED BY THE 3RD RESPONDENT ON DISPUTE NO.DRD/DHAVA/70/ 01/2016-17 VIDE ANNEXURE-AH AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioners are before this Court seeking for the following reliefs:
“a) Quash the interim order dated 20.07.2019 passed by the 3rd Respondent on Dispute No.DRD/DHAVA/70/01/2016-17 vide ANNEXURE- 'AH'. b) Direct the Respondents No.1 and 2 to cancel all allotments of sites made by the Respondents No.1, 5, 6 and 7 during the year 2015 till date.
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HC-KAR NC: 2025:KHC:26602 WP No. 3930 of 2020
c) Forfeit all the sites and direct the concerned Respondents to take action against the Respondents No.5 and 6 and the persons responsible as associated with Respondent No.7 in commission of the illegal acts by directing the Respondents No.1, 2 and 3 to proceed against the Respondents No.5, 6 and such responsible persons by initiating appropriate criminal complaint and proceed in accordance with the law. d) Further to take action in allotment of sites of the Respondent No.7 Society to the genuine members of the 7th Respondent by preparing the seniority list by giving vide publicity as required under law. e) Pass any order of consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity.”
2.
Learned counsel for the petitioners and learned counsel for respondents-5 to 7 submits that in view of the revenue entry made by respondent No.9 showing the property of respondent Nos.5 to 7 as 'sahakari', respondent No.9 has effected necessary changes classifying it as 'kasagi'. In furtherance of which, a sale deed has been executed in favour of petitioner No.1 and as such petitioner No.1's prayer has been satisfied.
3. Insofar as the claim of petitioner No.2 is concerned,
learned counsel for respondent Nos.5 to 7 submits that if necessary affidavit is submitted by the petitioner as
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HC-KAR NC: 2025:KHC:26602 WP No. 3930 of 2020
regards whether the petitioner holds a site within the jurisdiction of respondent Nos.5 to 7, the said application would be considered and necessary action would be taken within 15 days from the date on which the affidavit is submitted. The submission of learned counsel for respondent Nos.5 to 7 answers the grievance of petitioner No.2.
3. In that view of the matter, placing the submission of Sri Ganapathi Bhat Vajralli on record, the petition stands
disposed of.
4. Respondent No.1 is directed to issue notice to all the concerned officers that there being no classification of land as 'sahakari'. If at all any classification is made in that regard, the same needs to be rectified as per the appropriate classification applicable to the said property.
5. Pending applications stand disposed of.
SD/- (SURAJ GOVINDARAJ) JUDGE
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