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NC: 2023:KHC-K:9069

WP No. 204862 of 2016

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 6^TH DAY OF DECEMBER, 2023

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

WRIT PETITION NO. 204862 OF 2016 (KLR-RR/SUR)

BETWEEN:

1.

VIJAY KUMAR

S/O RAMANNA TELI,

AGED ABOUT 32 YEARS,

OCC: AGRICULTURE,

R/O LONI B.K VILLAGE,

TQ: INDI, DIST: VIJAYAPURA.

2.

DHAREPPA W/O CHAYAPPA TELI,

AGED ABOUT 45 YEARS,

OCC: AGRICULTURE,

R/O LONI B.K VILLAGE,

TQ: INDI, DIST: VIJAYAPURA.

3.

SHIVANNA S/O CHAYAPPA TELI,

AGED ABOUT 41 YEARS,

OCC: AGRICULTURE,

R/O LONI B.K VILLAGE,

TQ: INDI, DIST: VIJAYAPURA.

…PETITIONERS

(BY SRI. SHIVAKUMAR KALLOOR, ADVOCATE)

AND:

1.

THE DEPUTY COMMISSIONER,

VIJAYAPURA-586 101.

2.

THE TECHNICAL ASSISTANT

DEPUTY COMMISSIONER CUM EX. OFFICIAL,

Digitally signed

by SACHIN

Location: HIGH

COURT OF

KARNATAKA

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WP No. 204862 of 2016

DDLR, VIJAYAPURA-586 101.

3.

MALLANNNA S/O BASANNA TELI,

AGED ABOUT 40 YEARS,

OCC:TEACHER,

R/O LONI B.K.VILLAGE,

TQ: INDI, DIST: VIJAYAPURA-586 204.

4.

SIDARAM S/O BASANNA TELI,

AGED ABOUT 36 YEARS,

OCC:TEACHER,

R/O LONI B.K VILLAGE,

TQ: INDI, DIST: VIJAYAPURA-586 204.

5.

SMT. NEELAMMA W/O RAMANNA TELI,

AGE: 50 YEARS, OCC: AGRICULTURE,

R/O LONI B.K. VILLAGE,

TQ: INDI, DIST: VIJAYAPURA-586 204.

…RESPONDENTS

(BY SRI. G. B. YADAV, HCGP FOR R1 AND R2;

SRI. AJAYKUMAR A. K. ADV. FOR R4;

NOTICE TO R3 SERVED;

V/O DATED 03.06.2022 NOTICE TO R5 DISPENSED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)

ISSUE A WRIT OF CERTIORARI QUASHING IMPUGNED ORDER

ANNEXURE-D DATED 5.12.2012 PASSED BY RESPONDENT NO.2

IN NO: P.H.S/A.P.L/S.R/275/2011-12 AND ALSO QUASH

IMPUGNED

ORDER

ANNEXURE-H

DATED

28.03.2016

IN

NO.RVN/PHS/APL/09/2015-16 PASSED BY RESPONDENT NO.1

AND DISMISS THE PETITION FILED BY RESPONDENT NO.3 AND

4 BEFORE RESPONDENT NO.2 AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

IN 'B' GROUP, THIS DAY THE COURT MADE THE FOLLOWING:

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WP No. 204862 of 2016

ORDER

Heard learned counsel Sri Shivakumar Kalloor, for

petitioners, learned High Court Government Pleader for

respondent nos.1 and 2/State and learned counsel

Sri Ajaykumar A.K, for respondent no.4.

2.

This petition is filed seeking to quash the

impugned order at Annexure 'D' dated 05.12.2017 passed

by second respondent in No.P.H.S./A.P.L/S.R./275/2011-

12 and also to quash the impugned order Annexure-H

dated 28.03.2016 in No.RVN/PHS/APL/09/2015-16 passed

by first respondent and to dismiss the petition filed by

third respondent before second respondent.

3.

It is the case of petitioners that on the basis of

partition, mutations were effected in their respective

names. The property bearing Sy.No.315 measuring 30

acres, situated at Loni B.K. village, Indi Taluk, Vijayapur

District came to be partitioned and respective portions

were allotted to three sons of one Sri Channagunda. On

the basis of partition, mutations were effected and the

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WP No. 204862 of 2016

property was divided into Sy.Nos.315/1, 315/2, 314/3 and

314/4. Based on which, the Tahsildar made an entry in the

hissa and issued an endorsement in favour of petitioners.

The order of Tahsildar was challenged by third respondent

belonging to the family member of Channagunda, on the

ground that phodi and hissa was not done properly after

26 years and sought for cancellation of phodi made in

favour of petitioners, as it was in violation of the

Karnataka Land Revenue Act (for short, 'KLR Act'), phodi

is to be done as per Rule 50 of Karnataka Land Revenue

Rules.

4.

It

is

contended

by

learned

counsel

for

petitioners that second respondent without issuing notice

to the petitioners and witho