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IN THE HIGH COURT OF , DHARWAD BENCH

DATED THIS THE 21 st DAY OF JANUARY 2015

PRESENT

THE HON’BLE MR.JUSTICE A.S.BOPANNA AND THE HON’BLE MR.JUSTICE PRADEEP D.WAINGANKAR

W.A.No.100405 OF 2014(GM-RES)

Between:

1. SAROJA W/O. HANUMANTHAPPA HALAKATTI AGE: 57 YEARS, OCC: HOUSEHOLD WORK R/O. PADAKIPURAM, TQ:, DIST:

2. BASAVARAJ S/O. HANUMANTHAPPA HALAKATTI AGE: 37 YEARS OCC: BUSINESS R/O. PADAKIPURAM, TQ:SAUNDATTI, DIST: BELGAUM ... APPELLANTS

(By Sri: SHRIKANT T PATIL, ADV., )

AND

1. GRAM DEVATHA COMMITTEE OF RAMAPUR SITE GURL : 2 :

TQ: SAUNDATTI R/BY ITS PRESIDENT KARIAPPA S/O. YELLAPPA KARENNAWAR AGE: 52 YEARS, OCC: AGRICULTURE R/O. RAMAPUR SITE SAUNDATTI DIST: BELGAUM 591126

2. GRAMA DEVATHA COMMITTEE OF RAMAPUR SITE TQ: SAUNDATTI R/BY ITS SECRETARY MEERASAB S/O. IMMAMSAB GADAD AGE: 57 YEARS OCC: AGRICULTURE R/O. RAMAPUR SITE SAUNDATTI DIST: BELGAUM 591126.

3. THE SPECIAL DEPUTY COMMISSIONER (LAND ACQUISITION REHABILITATION) MAJOR IRRIGATION PROJECTS, BELGAUM-590016,

4. THE SPECIAL LAND ACQUISITION OFFICER MALAPRABHA PROJECT NO.1, TEGGI COMPLEX,VIDYAGIRI, BAGALKOT-580020.

5. MARUTI S/O. HANUMANTHAPPA PUJAR AGE: 62 YEARS, OCC:AGRICULTURE, R/O.JAKABAL, SAUNDATTI TALUK, BELGAUM DISTRICT-591 126.

6. CHANDRAPPA HANAMANTAPPA PUJAR AGED 57 YEARS, : 3 :

OCC:AGRICULTURE, R/O.JAKABAL,SAUNDATTI TALUK-26, BELGAUM DISTRICT.

7. VITHAL HANAMANTAPPA PUJAR AGED 52 YEARS, OCC:AGRICULTURE, R/O.JAKABAL,SAUNDATTI TALUK-26, BELGAUM DISTRICT.

8. PUNDALIK HANUMANTHAPPA PUJAR AGED 49 YEARS,OCC:AGRICULTURE, R/O.JAKABAL, SAUNDATTI TALUK-26, BELGAUM DISTRICT.

9. SMT YALLAVVA W/O HANAMANTAPPA PUJAR AGED 67 YEARS, OCC:HOUSEHOLD, R/O.JAKABAL, SAUNDATTI TALUK-26, BELGAUM DISTRICT.

10. SMT RAMAVVA W/O BHIMAPPA PUJAR AGED 45 YEARS,OCC:HOUSEHOLD, R/O.JAKABAL, SAUNDATTI TALUK-26, BELGAUM DISTRICT.

11. SMT JAYASHREE W/O BASAVARAJ PATTANAHSETTI AGED 46 YEARS, OCC:HOUSEHOLD, RAMAPUR SITE, GUTL HOSUR, SAUNDATTI TALUK-26, BELGAUM DISTRICT.

... RESPONDENTS

(By Sri :C.S. PATIL, ADV., ADDL. GOVT. ADV., FOR R3 AND R4 NOTICE TO R1, 2 AND 5 TO 11 HELD NOT NECESSARY) : 4 :

THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, AND RULE 27 OF THE WRIT PROCEEDINGS RULES, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER PASSED BY SINGLE JUDGE IN WRIT PETITION NO. 20450/2013 (GM- RES) DATED 22/08/2013 IN THE INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE-F.

THIS APPEAL COMING ON FOR PRELIMINARY HEARING ALONGWITH I.A.2/2014 AND I.A.1/2014 THIS DAY, A.S.BOPANNA J., DELIVERED THE FOLLOWING:

JUDGMENT

The learned Addl. Government Advocate to accept

notice for respondent Nos.3 and 4. Considering the

nature of the disposal, notice to other respondents is

not necessary.

The appellants are before this Court assailing the

order dated 22.8.2013 passed in W.P.No.20450/2007.

The appellants herein were respondent Nos.9 and 11 in the said writ petition.

2. The learned Single Judge by the order impugned herein has directed that the petition be : 5 : treated as a complaint by the petitioners and pass appropriate orders cancelling the sale deeds which are contrary to the judgment of this Court and regrant order be made as expeditiously as possible.

3. The appellants herein contend that they having purchased the property cannot be prejudiced. It is the case of the appellants that the petitioners were not authorised to file writ petition and therefore, the writ petition itself was not maintainable. Further, it is their case that alienation made in favour of the appellants is in accordance with law and therefore the cancellation of the sale deeds wherein they have purchased the property would not be justified.

4. In the light of the contentions put forth on behalf of the appellants, we have perused the order passed by the learned Single Judge. A perusal of the order would indicate that the learned Single Judge after taking note of the contentions put forth by the : 6 : petitioners and in the light of there being no action by the official respondents, had directed that the petition itself be considered as complaint and thereafter appropriate orders be passed cancelling the sale deeds which are contrary to the judgment of the Court.

Though the learned Single Judge to an extent has arrived at a conclusion that the sale deeds are to be cancelled, a further perusal of the order would indicate that such order is to be passed by the official respondents after providing an opportunity to all concerned. If that be the position, when action was to be taken, the appellants herein, who were parties to the writ petition were also entitled to be heard in the matter and appropriate orders be passed.

5. The learned Addl. Government Advocate would submit that pursuant to the order of the learned Single

Judge, all parties concerned have been notified and an order dated 29.12.2014 is passed by the Spl. Land : 7 :

Acquisition Officer, Malaprabha Project, Dharwad. In such circumstance, when the order of the learned Single

Judge has already been implemented and in a circumstance where the learned Single Judge had also directed that all concerned be provided opportunity and thereafter orders be passed, certainly, if any order which is prejudicial to the interest of the appellants is passed by the respondents, it would be open for the appellants to assail the same in accordance with law.

Therefore, when such legal course is open to the appellants, it would be unnecessary for us to examine the correctness or otherwise of the order passed by the learned Single Judge, wherein the learned Single Judge has only suggested a further action to be taken by the respondent authorities.

6. Hence, reserving such liberty to the appellants, the appeal stands disposed of. : 8 :

In view of the disposal of the appeal itself, all applications are not necessary to be considered and they are accordingly disposed of.

Memo of appearance by learned Addl. Government

Advocate in four weeks

Sd/- JUDGE

Sd/- JUDGE

*mn/-