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2025 DIGILAW 309 (KAR)

Kasturi, W/o. Siddalingappa v. Karnataka State Commission For Schedule Castes And Schedule Tribes, Represented By Its Secretary

2025-06-10

SURAJ GOVINDARAJ

body2025
ORDER : (SURAJ GOVINDARAJ, J.) 1. The petitioners in W.P.No.2417/2017 are before this Court seeking for the following reliefs: a. Issue a writ of certiorari or such other writ or orders or directions quashing the summons dated 19.12.2016 issued by the 1 st respondent in Case No.664/2016 (land) i.e., Annexure-J as arbitrary and illegal b. Issue a writ of certiorari or such other writ or orders or directions quashing the proceedings in Case No. 664/216 (land) pending on the file of the 1 st respondent commission in so far as it relates to the petitioners and/or the lands of the petitioners 1 and 2 in Survey. Nos 35/1 and 35/2 measuring 16 acres 20 Guntas and Survey No. 36/B measuring 13 acres all situated at Tippanala Village, Kanakagiri Hobli, Gangavathi Taluk, Koppal District as arbitrary, illegal and without jurisdiction. c. To award costs and grant such other reliefs or pass such other orders as this Hon’ble court deems fit and expedient in the circumstances of this case in the interest of justice and equity. 2. The Petitioner in W.P.No.48559/2017 is before this Court seeking for the following reliefs; i. Issue a writ of certiorari or any other order or direction of like nature, quashing the impugned order dated 12.10.2017 issued by the 1 st Respondent in Case No. 664/2016 (land)- Annexure-A; ii. Issue a writ of certiorari or any other order or directions of like nature quashing the proceedings in Case No. 664/216 (land) pending on the file of the 1 st respondent commission in so far as it relates to the schedule properties, all situated at Tippanala Village, Kanakagiri Hobli, Gangavathi Taluk, Koppal District vide Annexure- A iii. Issue a writ of certiorari or any other order or direction of like nature, quashing the endorsement bearing No. BOOSU:01:2017-18 KA No.2387 dated 18.10.2017 issued by the 2 nd Respondent (Annexure-A1); iv. Issue a writ of certiorari or any other order or direction of like nature, quashing the endorsement bearing No. LND 102:2016-17 dated 19.10.2017 issued by the 3 rd Respondent (Annexure-A2) v. Issue a writ of certiorari or any other order or direction of like nature, quashing the endorsement bearing No. LND 102:2016-17 dated 21.10.2017 issued by the 3 rd Respondent (Annexure-A3) vi. Issue a writ of mandamus or such other appropriate writ or orders or directions directing the 7 th and 8 th Respondent to provide the Petitioner with police protection so as to prevent any untoward incidents being caused by the 4 th to 6 th Respondents or their henchmen, agents or representatives claiming through or under them in the schedule property. vii. To award costs and grant such other reliefs or pass such other orders as this Hon’ble Court deems fit and expedient in the circumstances of this case in the interest of justice and equity. 3. The Petitioners in W.P.No.48900/2017 are before this Court seeking for the following reliefs; a. Issue a writ of certiorari or such other writ or orders or directions quashing the impugned order dated 12.10.2017 issued by the 1 st respondent in Case No.664/2016 (land) i.e., Annexure-P as arbitrary and illegal b. Issue a writ of certiorari or such other writ or orders or directions quashing the proceedings in Case No. 664/216 (land) pending on the file of the 1 st respondent commission in so far as it relates to the petitioners and/or the lands of the petitioners i.e. the Schedule properties all situated at Tippanala Village, Kanakagiri Hobli, Gangavathi Taluk, Koppal District as arbitrary, illegal and without jurisdiction. c. To award costs and grant such other reliefs or pass such other orders as this Hon’ble court deems fit and expedient in the circumstances of this case in the interest of justice and equity. 4. The grievance of the Petitioners was that the private Respondents had approached the Karnataka State Commission for Scheduled Caste / Scheduled Tribe falsely alleging that the land on which the Petitioners proposed to implement their power project was belonging to them and or that without proper procedure being followed, the land was being used by the Petitioners. Notice having been issued by the Commission, the Petitioners had approached this Court challenging the same and seeking for aforesaid reliefs. 5. During the pendency of the above proceedings, the Petitioners were put in possession of the properties in question and the Petitioners have implemented the project. 6. In that view of the matter, the proceedings before the Karnataka State Commission for Scheduled Caste / Scheduled Tribe have been rendered infructuous. 5. During the pendency of the above proceedings, the Petitioners were put in possession of the properties in question and the Petitioners have implemented the project. 6. In that view of the matter, the proceedings before the Karnataka State Commission for Scheduled Caste / Scheduled Tribe have been rendered infructuous. As such, reserving liberty to the Respondents to agitate any claim for compensation, if any of their lands having been used without payment of compensation (for loss of lands and crops) the petition would be required to be allowed. As such, I pass the following: ORDER i) W.P.No.2417/2017 is allowed a) The summons dated 19.12.2016 issued by Respondent No.1 in Case No.664/2016 (land) at Annexure-J is quashed. b) The proceedings in C.C.No.664/2016 (land) pending on the file of Respondent No.1- Commission insofar as it relates to the Petitioners and/or the lands of the Petitioners No.1 and 2 in Sy.Nos.35/1 and 35/2 measuring 16 acres 20 guntas and Sy.No.36/B measuring 13 acres situated at Tippanala Village, Kanakagiri Hobli, Gangavathi Taluk, Koppal district are quashed. ii) W.P.No.48559/2017 is allowed. a) The impugned order dated 12.10.2017 issued by Respondent No.1 in Case No.664/2016 (land) at Annexure-A is quashed. b) The endorsement bearing No.BOOSU:01:2017-18 KA No.2387 dated 18.10.2017 issued by Respondent No.2 at Annexure-A1 is quashed. c) The endorsement bearing No.LND 102:2016- 17 dated 19.10.2017 issued by Respondent No.3 at Annexure-A2 is quashed. d) The endorsement bearing No.LND 102:2016- 17 dated 21.10.2017 issued by Respondent No.3 at Annexure-A3 is quashed. iii) W.P.No.48900/2017 is allowed. a) The impugned order dated 12.10.2017 issued by Respondent No.1 in Case No.664/2016 (land) at Annexure-P is quashed. b) The entire proceedings in Case No.664/2016 (land) pending on the file of Respondent No.1 Commission insofar as it relates to the Petitioners and / or the land of the Petitioners i.e., the Schedule properties situated at Tippanala Village, Kanakagiri Hobli, Gangavathi Taluk, Koppal District are quashed.