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HIGH COURT OF KARNATAKA
SMT.TIPPAWWA W/O.SHANKRAPPA HIRAGANNAVAR – Appellant
Versus
DEPUTY COMMISSIONER AND CHAIRMAN – Respondent
WP/81765/2013
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 20TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY
WP NO 71343/2012 (KLR/RR/SUR)
C/W. WP.NO.81765/2013
IN WP NO 71343 OF 2012:
BETWEEN
1 . NEELAVVA W/O. YALLAPPA HIRAGANNAVAR
AGE: MAJOR, OCC: AGRICULTURE
R/O. GABBUR, TQ: HUBLI DIST: DHARWAD
2 . SHANKRAVVA W/O. RAMAPPA HIRAGANNAVAR
AGE: MAJOR, OCC: AGRICULTURE
R/O. GABBUR,TQ: HUBLI DIST:DHARWAD
3 . PARAVVA D/O. RAMAPPA HIRAGANNAVAR
AGE: MAJOR, OCC: AGRICULTURE
R/O. GABBUR, TQ: HUBLIDIST: DHARWAD
...PETITIONERS
(BY SRI.DATTATRAYA T HEBBAR, ADV.)
AND
1 . DEPUTY COMMISSIONER AND
CHAIRMAN, BHOO ODETAN YOJANEYA
ANUSTHAN SAMITI, DHARWAD, D.C. OFFICE DHARWAD
2 . TAHSILDAR, HUBLI
TAHASILDAR OFFICE, HUBLI
3 . DISTRICT MANAGER
DR. B.R. AMBEDKAR DEVELOPMENT
2
CORPORATION, DHARWAD
4 . ASHOK S/O. NINGAPPA TALWAR
AGE:MAJOR, OCC: AGRICULTURE,
R/O. GABBUR, TQ: HUBLI DIST: DHARWAD
5 . BASAVARAJ S/O. NINGAPPA TALAWAR
GE: MAJOR, OCC: AGRICULTRER/O. GABBUR,
TQ: HUBLI DIST: DHARWAD
6 . SIDDAPPA S/O. ADIVEPPA HIREGANNAVAR
AGE: MAJOR, OCC: AGRICULTRER/O. GABBUR,
TQ: HUBLI DIST: DHARWAD
…RESPONDENTS
(BY SRI.VINAYAK S KULKARNI, AGA FOR R1 AND R2;
SRI. RAJENDRA R PATIL, ADV. FOR R4;
SMT.SUMANGALA CHAKALABBI, ADV. APPEARED
ON BEHALF OF SRI.CHANDRASHEKAR CHAKALABBI, ADV.,
FOR R5;
SRI. F.R.GALAGANATH, ADV., FOR R6;
R3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
RESOLUTION PASSED BY RESPONDENT NO.1 DTD.03.08.2010 VIDE
ANNEXURE-B.
IN WP NO. 81765 OF 2013 :
BETWEEN
SMT.TIPPAWWA W/O.SHANKRAPPA HIRAGANNAVAR
AGE: 40 YEARS, OCC: HOUSEHOLD AND AGRICULTURE
R/O: GABBUR, TAL: HUBLI,DIST: DHARWAD.
..PETITIONER
(BY SRI. K L PATIL, ADV.)
AND
1 . DEPUTY COMMISSIONER AND CHAIRMAN
3
BHOO ODETAN YOJANEYA
ANUSTHAN SAMITI
DHARWAD, D.C.OFFICE
DHARAWD.
2 . TAHSILDAR, HUBLI
TAHASHILDAR OFFICE
HUBLI
3 . DISTRICT MANGER
DR.B.R.AMBEDKAR DEVELOPMENT
CORPORATION
DHARWAD.
4 . SMT.RENUKA W/O.YALLAPPA HIRAGANNAVAR
AGE: 35 YEARS,
OCC: HOUSEHOLD WORK
R/O.GABBUR
TAL: HUBLI,DIST: DHARWAD.
5 . SMT.HANUMAWWA W/O.BASAPPA HIRAGANNAVAR
AGE: 38 YEARS,
OCC: HOUSEHOLD WORK
R/O: GABBUR
TAL: HUBLI
DIST: DHARWAD
6 . SMT.JAYASHREE W/O.YALLAPPA HIRAGANNAVAR
AGE: 48 YEARS,
OCC: HOUSEHOLD WORK
R/O: GABBUR
TAL: HUBLI
DIST: DHARWD.
…RESPONDENTS
(BY SRI.VINAYAK S KULKARNI, AGA FOR R1 AND R2;
S.K.KAYAKMATH, ADV., FOR R4;
R3,5,6 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
RESOLUTION PASSED BY RESPONDENT NO.1 DATED:03.08.2010 VIDE
4
ANNEXURE-D INSERTING OF RESPONDENT NO.4 TO 6 TO ALLOTEES
TO THE LAND IN QUESTION.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER
The petitioners herein have approached this
Court with a prayer to quash the resolution dated
3/8/2010 passed by the Deputy Commissioner and the
Chairman, Bhoo Odetana Yojaneya Anusthana Samiti,
Dharwad.
2.
The brief facts of the case that would be
relevant for the purpose of disposal of these petitions
are;
3.
The petitioners in both the writ petitions
belong
to
scheduled
tribe
category
and
Hubballi
Dharwad Municipal Corporation had acquired the lands
belonging to 13 such scheduled tribe persons. The
petitioners are four such persons amongst the said 13
persons, who had lost their lands in the acquisition. The
1st respondent being ex-officio chairman of respondent
5
No.3
corporation
had
passed
a
resolution
dated
11/12/2009 to rehabilitate all the persons who had lost
their lands in the aforesaid acquisition and accordingly
the lands bearing Sy.No.221/2 and Sy.No.185/1 of
Kundagol taluk, Hireharkuni village was earmarked for
the
said
purpose.
Subsequently,
ther
