Karnataka High Court
Sri. Sandeep Gupta vs State Of Karnataka on 19 July, 2017
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 19TH DAY OF JULY 2017
BEFORE
THE HON'BLE MR. JUSTICE K.N. PHANEENDRA
WRIT PETITION NOS.103272-103273/2017 (LR)
BETWEEN:
1. SRI SANDEEP GUPTA
S/O DURGA SHANKAR GUPTA,
RAMA SHANKAR NIVAS,
# 57, JAWAHAR NGUNI,
RAMESHWAR ROAD,
NEXT DR.SHRIMALI,
RAMESHWAR ROAD,
KHANDWA-450 001,
MADHYAPRADESH.
2. SRI G.JINADATHA,
S/O SRI PADMARAJAPPA,
AGED ABOUT 81 YEARS,
R/AT NO.38/22,
OPP: TO J.P.NAGAR, POST OFFICE,
BALLARI ROAD, HOSAPETE-583 301.
... PETITIONERS
(BY SMT.V.VIDYA, ADVOCATE,)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
M.S.BUILDING, VIDHANA VEEDHI ROAD,
BENGALURU-560 001.
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2. THE DEPUTY COMMISSIONER,
BALLARI DISTRICT, BALLARI.
RESPONDENTS
(BY SRI K.VIDYAVATI, AGA)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 226 OF CONSTITUTION OF INDIA
PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY
OTHER APPROPRIATE WRIT, ORDER OR DIRECTION,
DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE
REPRESENTATIONS GIVEN BY THE PETITIONERS
FOUND AT ANNEXURE-D DATED 19.08.2015 AND
ANNEXURE-E DATED 26.12.2016 AND FURTHER
DIRECT RESPONDENT NO.2 TO TAKE THE NECESSARY
STEPS TO TREAT THE LAND AS NON AGRICULTURAL
LAND BY MAKING NECESSARY ENTRIES IN THE
REVENUE RECORDS AND ALLOW THIS WRIT PETITION
WITH COSTS..
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
The learned Addl. Government Advocate takes notice for respondents.
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2. The petitioners have claimed that they are the absolute owners and in peaceful possession and enjoyment of the lands bearing Sy.No.178 and Sy.No.178/5 having purchased the same from the previous owner. The respondent No.2 in fact had passed an order treating the lands in question as agricultural land holding that there is a violation of section 79B of the Karnataka Land Reforms Act. The petitioner No.2 challenged the said order before this Court in W.P.No.22042/1995 the same has been considered along with other writ petitions and the order passed by the Deputy Commissioner was set aside holding that the land is non agricultural.
3. In view of the above, petitioners have made a representations to the respondent No.2 to take steps to declare the land as non agricultural land by way of their representations as per Annexures-D and E. But till today, their representations have not been disposed of by the 2nd 4 respondent. Hence they preferred writ petition by way of mandamus directing the respondent No.2 to consider their representations in accordance with law. The 2nd respondent-Deputy Commissioner who is the competent authority to pass appropriate orders on the representations i.e., Annexures-D and E.
4. Under the above said circumstances, there is no legal impediment to direct the 2nd respondent-Deputy Commissioner to pass appropriate orders on the representations of the petitioners vide Annexures-D and E in accordance with law.
5. Accordingly, the respondent No.2 is hereby directed to consider the representations dated 19.08.2015-Annexure-D and 26.12.2016-Annexure-E in accordance with law within 3 months from the date of receipt of a copy of this order. 5
6. The petitioners are hereby directed to make a fresh representation to the Deputy Commissioner along with copy of the Annexures-D & E along with a certified copy of this order, so as to enable the Deputy Commissioner to pass order within two months from the date of receipt of the said representation.
Sd/-
JUDGE EM/-