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IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 17^th DAY OF SEPTEMBER 2014

BEFORE

THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA

WRIT PETITION NO.14199/2005 (SC/ST)

BETWEEN:

1.

CHIKKAPPA

S/O SANNANINGAPPA GONNER

AGED ABOUT 68 YEARS

OCC:AGRICULTURE

2.

NINGAPPA

S/O SODDAPPA HONNATHI

AGED ABOUT 60 YEARS

OCC:AGRICULTURE

3.

NAGAPPA

S/O DODDAPPA HONNATHI

AGED ABOUT 58 YEARS

OCC:AGRICULTURE

4.

HONNESHAPPA

S/O BHIMAPPA GANGOCHI

AGED ABOUT 72 YEARS

OCC:AGRICULTURE

4A. SMT. GANGAMMA,

W/O HONNESHAPPA GANGOCHI,

AGED 75 YEARS,

OCC: HOUSEHOLD

4B. SUBASH S/O HONNESHAPPA,

GANGOCHI, AGED 50 YEARS,

OCC: AGRICULTURE

4C. BHIMAPPA, S/O HONNESHAPPA

GANGOCHI, AGED 48 YEARS,

OCC: AGRICULTURE

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4D. HONNAPPA, S/O HONNESHAPPA

GANGOCHI, AGED 46 YEARS,

OCC: AGRICULTURE

4E. DURGAVVA W/O LAKAMAPPA

BADAPPALAVAR, AGED 56 YEARS,

OCC: AGRICULTURE, (PETITIONER NO.

4A TO 4E ARE R/AT R/O MEDLERI

TQ:RANEBENNUR, DIST: HAVERI,

4F. RATNAVVA W/O B.S.KARIBASAPPA,

AGED 54 YEARS, OCC:AGRICULTURE,

R/O KUNCBELAKERI, TQ: HARIHAR,

DIST: DAVANAGERI.

4G. CHAMPAKKA,

W/O B.S.HONNAPPA,

R/O HARIHAR, TQ: HARIHAR,

DIST: DAVANGERE

(AMENDED AS PER ORDER DT.11/9/2014)

5.

MARUTI

S/O SIDDAPPA PUJAR

AGED ABOUT 52 YEARS

OCC:AGRICULTURE

6.

SIDDAPPA

S/O BARMAPPA VYAPARI

AGED ABOUT 64 YEARS

OCC:AGRICULTURE

7.

GANGADHARAPPA

S/O NEELAPPA KODLIAVAR

AGED ABOUT 52 YEARS

OCC:AGRICULTURE

(REP. BY HIS P.A.HOLDER

SIDDAPPA BARMAPPA VYAPARI,

AGED ABOUT 64 YEARS)

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ALL ARE R/AT MEDLERI VILLAGE,

TALUK RANEBENNUR,

DIST HAVERI . .. PETITIONERS

(BY SRI. F.V.PATIL, ADV.)

AND:

1.

THE DEPUTY COMMISSIONER,

HAVERI DISTRICT

HAVERI

2.

THE ASSISTANT COMMISSIONER

HAVERI DIST

HAVERI

3.

THE REVENUE INSPECTOR

MEDLERI, TALUK RANEBENNUR

DIST HAVERI

4.

SATHVEERAPPA S/O VASANTH

@ YESHWANTHAPPA KALE

MAJOR, R/O NEAR CHURCH

RANEBENNUR TALUK

HAVERI DIST

5.

SHIVARUDRAPPA S/O VASANTH

@ YESHWANTHAPPA HALE

MAJOR, R/O RANEBENNUR TALUK

HAVERI DIST

6.

ANANDAPPA S/O VASANTH @

YESHWANTHAPPA HALE, MAJOR

R/O RANEBENNUR TALUK

HAVERI DIST

7.

PRAKASH S/O VASANTH @

YESHWANTHAPPA HALE

MAJOR

R/O RANEBENNUR TALUK

HAVERI DIST

8.

SMT SHARADAVVA D/O VASANTH

4

@ YESHWANTHAPPA HALE

MAJOR, R/O RANEBENNUR TALUK

HAVERI DIST

9.

SMT. NIRMALA

D/O VASANTH @ YESHWANTHAPPA HALE

MAJOR, R/O RANEBENNUR TALUK

HAVERI DIST

10.

SMT SHASHIKALA

D/O VASANTH @ YESHWANTHAPPA HALE

MAJOR, R/O RANEBENNUR TALUK

HAVERI DIST

11.

SMT NEELAVVA W/O VASANTH

@ YESHWANTHAPPA HALE

MAJOR, R/O RANEBENNUR TALUK

HAVERI DIST

(R-1 TO 10 ARE TREATED AS LRS

OF R11, AMENDED WITH PERMISSION

OF THE HON’BLE COURT) .. RESPONDENTS

(BY SRI. SADASHIV.S.PATIL, ADV. FOR R4 TO R10,

SMT.VIDYAVATHI.K, AGA FOR R1 TO R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH

VIDE

ANNX.-D,

DT.

21.4.2005

BY

R1

AND

ANNX.-B,

DT.5.5.2003 PASSED BY R2 AND ETC.,

THIS WRIT PETITION COMING ON FOR ORDERS ON

I.A.NO.5/14 FOR VACATING STAY THIS DAY, THE COURT MADE

THE FOLLOWING:

ORDER

Petitioners have assailed order dated 21/04/2005

passed by the first respondent-Deputy Commissioner,

Haveri District, Haveri(Annexure “D”) and also order dated

5

05/05/2003

passed

by

second

respondent-Assistant

Commissioner, Haveri Sub-Division, Haveri(Annexure “B”).

Those orders have been passed under the provisions of the

Karnataka

Scheduled

Castes

and

Scheduled

Tribes

(Prohibition

of

Transfer

of

Certain

lands)

Act,

1978(hereinafter referred to as the ‘PTCL Act’ for the sake

of convenience). Though the writ petition is listed for

considering I.A.No.5/14 for vacating stay of the impugned

orders, I have nevertheless heard learned counsel on both

sides at length and therefore, the writ petition is disposed

by this order.

2.

This

writ

petition

raises

an

interesting

controversy touching upon the provisions of the PTCL Act

as well as Karnataka Village Offices Abolition Act, 1961

(hereinafter referred to as the ‘KVOA Act, 1961’) as well as

Karnataka Land Reforms Act, 1961.

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