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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JANUARY, 2018

BEFORE

THE HON' BLE MR. JUSTICE B. VEERAPPA

WRIT PETITION NO.37646/2017(GM-CPC)

BETWEEN:

G. N. DAYANANDA,

S/O NATARAJ,

AGED ABOUT 39 YEARS,

GONIMARUR VILLAGE AND POST,

SOMWARPET TALUK,

KODAGU DISTRICT-571236.

... PETITIONER

(BY MISS SNEHA SHASTRY, ADVOCATE ON BEHALF OF

SRI G. BALAKRISHNA SHASTRY, ADVOCATE)

AND:

1.

A. B. DHARMAPPA,

S/O BASAPPA,

AGED ABOUT 67 YEARS,

2.

G. M. MOHAN,

S/O MALLAPPA,

AGED ABOUT 63 YEARS,

3.

G. E. PUTTAPPA,

S/O ERAPPA,

AGED ABOUT 60 YEARS,

4.

G. P. ANANDA,

S/O PUTTARAJU,

AGED ABOUT 30 YEARS,

5.

G. L. VINAYA KUMAR,

S/O LAXMANA,

AGED ABOUT 30 YEARS,

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6.

G. N. BHARATH,

S/O NAGARAJU,

AGED ABOUT 25 YEARS,

7.

U. K. PUNEETH,

S/O KUSHALAPPA,

AGED ABOUT 27 YEARS,

8.

K. K. DEVAIAH,

S/O KARIAPPA,

AGED ABOUT 54 YEARS,

RESPONDENTS 1 TO 8 ARE ALL

RESIDING AT GONIMARUR VILLAGE AND POST,

SOMWARPET TALUK,

KODAGU DISTRICT-571236.

9.

SHEKAR @ HOOVAIAH,

S/O KUSHALAPPA,

AGED ABOUT 53 YEARS,

R/AT:YADUNDE,

GONIMARUR VILLAGE & POST,

SOMWARPET TALUK,

KODAGU DISTRICT-571236.

10.

MADAN,

S/O PUTTASWAMY,

AGED ABOUT 30 YEARS,

R/AT:YERAPAR,

GONIMARUR VILLAGE & POST,

SOMWARPET TALUK,

KODAGU DISTRICT-571236.

11.

G. L. CHANDRASHEKAR,

S/O LINGARAJA,

AGED ABOUT 30 YEARS,

12.

G. M. KEMPARAJU

S/O MALAPPA,

AGED ABOUT 57 YEARS,

RESPONDENTS NO.11 AND 12 ARE

RESIDING AT:GONIMARUR VILLAGE AND POST,

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SOMWARPET TALUK,

KODAGU DISTRICT-571236.

13.

THE PANCHAYATH DEVELOPMENT

OFFICER (PDO),

GRAMA PANCHAYATH,

GANGAGUR VILLAGE,

SOMWARPET TALUK,

KODAGU DISTRICT-571236.

... RESPONDENTS

…

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER

DATED 20.06.2017 IN MISCELLANEOUS APPEAL NO.1/2017

PASSED

BY

THE

FIRST

ADDITIONAL

DISTRICT

JUDGE,

KODAGU, MADIKERI, VIDE ANNEXURE-A.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner, who is the plaintiff before the trial

Court has filed a suit for declaration that in accordance

with the permission accorded to him by the licensing

authority, he is doing stone crushing unit in the suit ‘B’

schedule property and hence, the defendants have no

manner of right to question the stone crushing unit

existing in the suit ‘B’ schedule property and for

permanent injunction restraining the defendants, their

men and servants from interfering with the stone

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crushing unit existing in the suit ‘B’ schedule property

in any manner contending that he has converted 1 acre

out of 2 acres of suit ‘A’ schedule property for the

purpose of starting a stone crushing unit (industrial

purpose therein). The Deputy Commissioner of Kodagu

by the order dated 8.6.2016 converted 1 acre out of 2

acres of suit ‘A’ schedule property from agriculture to

non-agricultural purpose for starting a stone crushing

unit-industrial purpose. The property which was

converted from agriculture to non-agricultural purpose

for starting a stone crushing unit/industrial purpose is

described as suit ‘B’ schedule property and the same

was permitted to be operated at any place. Despite the

plaintiff obtained permission and license to start and

continue the stone crushing unit in the suit ‘B’ schedule

property, the 13^th defendant illegally issued a notice on

1.9.2016 and obstructed the stone quarrying business.

Therefore, he filed a suit for the relief as prayed for.

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2.

The defendants filed their written statement

denying the entire plaint averments and contended that

the plaintiff has not obtained any license by the

competent authority and therefore, sought for dismissal

of the suit.

3. During the pendency of the proceedings, the