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High CourtsDivision Bench(2023) 03 KAR CK 0015

State Of Karnataka & Others vs B. Krishna Bhat

Karnataka High Court · Decided on 6 March 2023

HON’BLE JUDGES
Alok Aradhe, J · Vijaykumar A. Patil, J
RESULT
Dismissed
CASE NUMBER
Writ Appeal No. 1386 Of 2021 (KLR-RES)

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Judgment

8 paragraphs · 322 words

Alok Aradhe, J

1.

This intra Court appeal has been filed against order dated 18.11.2019 passed by the learned Single Judge by which the writ petition preferred by the respondent has been disposed of.

2.

Facts giving rise to filing of this appeal briefly stated are that a Committee for grant of lands to unauthorized occupants of Bantwal Taluk, passed a resolution on 20.03.2004 to grant 0.57 acre of land in Sy.No.88/1C, 0.54 acre in Sy.No..234/1p and 0.11 acre in Sy.No.235/1p of Kedila Village, Bantwal Taluk, D.K.District in favouf o the respondent who expired on 05.01.2012. Thereafter, the appellant submitted a representation on 25.06.2012 requesting to issue saguvali chit in favour of deceased brother. The Deputy Commissioner, by a communication dated 09.08.2012, rejected the request of the respondent. The respondent thereupon filed a writ petition seeking quashment of the order dated 09.08.2012 passed by the Deputy Commissioner as well as a direction to the Tahsildar, Bantwal to issue saguvali chit to the respondent. The learned Single Judge, by an order dated 18.11.2019, has disposed of the petition. Hence, this appeal.

3.

Learned Additional Government Advocate fairly submitted that in compliance of the order passed by the learned Single Judge, a saguvali chit has been issued in favour of the temple.

4.

We have heard the learned counsel for the parties at length. From the facts, it is evident that the deceased had bequeathed the land in question in favour of the temple by a registered will. The learned Single Judge therefore has rightly quashed the endorsement dated 09.08.2012. Subsequent to the direction issued by the learned Single Judge, saguvali chit has already been issued in favour of the temple in question.

For the aforementioned reasons, at this point of time, we do not find any ground to interfere with the order passed by the learned Single Judge.

Accordingly, the appeal fails and is hereby dismissed.

Consequently, pending interlocutory applications are also dismissed.