KHANDOBA Vs. SHASHIDHAR NADAGOUDA KURER

JUDGEMENT

(1.) Writ appeal Nos. 100289-292/2018 have been filed by Belagavi City Corporation whereas C.C.C Nos. 100328-331/ 2017 have been filed by the writ petitioners in W.P.No.107177 of 2015 and connected writ petitions, seeking implementation of the directions issued by the Learned single Judge on 16.03.2017.

(2.) Learned counsel for the appellant Corporation submits that the private respondents herein were issued 'Hakkupatra' in respect of certain plots. That they are in possession of the said plots as per 'Hakkupatra' and that having regard to issuance of 'Hakkupatra' which contained the measurement of the plots as well as the boundaries to the said plots, the private respondents are deemed to be in possession of their respective plots. Such being the case, the private respondents could not have sought a direction against the Corporation to demarcate the plots, identify the same and once again hand over the possession of the said plots to the private respondents, who were the petitioners in the writ petitions. He submits that when the possession of the plots has already been handed over to the private respondents herein, it is for them to take further steps for protecting their possession in accordance with law and that the directions issued by the learned single Judge to the appellant-Corporation to once again measure the plots with the Assistant Director of Land Records (hereinafter referred to as 'ADLR' for the sake of brevity) and to hand over the possession of the said plots does not arise. He, submitted that the impugned order may be set aside and that the contempt proceedings filed against the appellant-Corporation by the writ petitioners may be dropped.

(3.) Per contra, learned counsel for the private respondents/writ petitioners/complainants contended that what was assai led in the writ petition was Annexure 'H' issued by the Corporation which is a letter dated 25.06.2013 as well as endorsement dated 17.07.2014 issued by the ADLR, Annexure 'L'. It is in that context, a direction has been issued by the learned single Judge directing the Corporation to secure the assistance of ADLR for the purpose of identifying and measuring the plots in respect of which 'Hakkupatra' have been issued to the private respondents herein, so that they could take further steps for putting up constructions, etc. That the Learned single Judge has rightly directed the Corporation as well as the ADLR to take appropriate steps so that possession of the private respondents herein is identified and recognized in respect of the plots which have been handed-over to them by the Corporation. That since the order passed and directions issued by the Learned Single Judge are just and proper and the same have not been complied with by the appellant-Corporation, the writ petitioners have preferred contempt petitions for willful disobedience of the directions of the Learned single Judge and that this Court may initiate action against the Officers of the Corporation.