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2016 Supreme(Kar) 579

B.S.PATIL
G. S. SIDDARAJU, S/O B. SIDDALINGAPPA – Appellant
Versus
STATE OF KARNATAKA, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT – Respondent


Advocates Appeared:
For the Petitioner: Sri. VIRUPAKSHAIAH P.H.
For the Respondent: Sri. KIRAN KUMAR T.L.

ORDER :

1. In this writ petition, petitioner is challenging the order dated 05.07.2016 passed by respondent No.3 Tahsildar, Davangere. By the said order, the Tahsildar, in exercise of powers under Section 95 of the Karnataka Land Revenue Act, 1964 (for short, ‘the Act’), has directed that the construction made by petitioner herein of a building in the lands bearing R.S.No.58 measuring 3 acres 12 guntas and R.S.No.59/P2P1 measuring 2 acres 6 guntas situated in Avaragere Village, Kasaba Hobli, Davangere Taluk, shall be demolished after taking necessary approval from the Deputy Commissioner, Davangere District. It is further directed that expenses to be incurred for removal of the structure shall be recovered from the petitioner after obtaining necessary permission from the Deputy Commissioner, Davangere. The Tahsildar has also directed both parties to maintain statusquo regarding the property in question till the dispute with regard to their title and interest over the property in question was decided by the Civil Court.

2. Facts, as narrated in the memorandum of writ petition, disclose that petitioner claims to be the owner in possession and enjoyment of the property in question. He h




















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