Karnataka High Court
Thimmamma And Anr vs The Adlr And Anr on 20 December, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC-K:9989
WP No. 203891 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 203891 OF 2024 (KLR-RES)
BETWEEN:
1. THIMMAMMA W/O BASANNAGOUDA,
AGED ABOUT 64 YEARS OCC AGRICULTURE,
R/O GUNJALLI VILLAGE, TALUK, SINDHANOOR
DIST RAICHUR 584128
2. HANAMAGOUDA S/O YENKANAGOUDA,
AGED ABOUT 65 YEARS OCC AGRICULTURE
R/O GUNJALLI VILLAGE, TALUK, SINDHANOOR
DIST RAICHUR 584128
...PETITIONERS
Digitally signed (BY SRI. MAHANTESH PATIL, ADVOCATE)
by SUMITRA AND:
SHERIGAR
Location: HIGH 1. THE ADLR
COURT OF
KARNATAKA SINDHANUR,
DIST RAICHUR-584128,
2. THE SUPERVISOR,
ADLR OFFICE, SINDHANUR,
DIST RAICHUR 584128,
3. THE SURVEYOR SINDHANUR,
DIST RAICHUR-584128,
...RESPONDENTS
(SMT. MAYA T.R., HCGP FOR RESPONDENTS)
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NC: 2024:KHC-K:9989
WP No. 203891 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE WRIT A
WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS TO CONSIDER THE OBJECTIONS DATED 25-07-2024
VIDE ANNEXURE-D AND AS PER DIRECTIONS ISSUED BY THE DDLR
RAICHUR DATED 03-12-2024 PROVIDING AND OPPORTUNITY TO
THE PETITIONERS BEFORE CONDUCTING THE SURVEY, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)
1. In this petition, the petitioners seek the following reliefs:
"Issue writ a writ in the nature of mandamus directing the respondents to consider the objections dated 25-07-2024 vide Annexure-D and as per directions issued by the DDLR Raichur dated 03-12-2024 providing and opportunity to the petitioners before conducting the survey, in the interest of justice and equity."
2. In addition to reiterating the various contentions urged in the writ petition and referring to the material on record, learned counsel for the petitioner invited my attention to the representation submitted by the petitioners at Annexure-D dated 25.07.2024, in order -3- NC: 2024:KHC-K:9989 WP No. 203891 of 2024 to point out that, though the petitioners had filed his objections to the proposed survey and the statement of the petitioner having been recorded vide Annexure-E by the respondent No.3-surveyor pursuant to which the Deputy Director of Land Records addressed a communication at Annexure-F, dated 03.12.2024 to the respondent No.1-ADLR, the respondents are attempting to proceed with the survey of the subject lands without considering the objection of the petitioner who is before this Court by way of the present petition.
3. Per contra, learned High Court Government Pleader submits that, there is no merit in the writ petition and the same may be dismissed.
4. A perusal of the material on record will indicate that it is an undisputed fact that, the petitioner submitted a representation at Annexure-D dated 25.07.2024 and his statement was recorded by the respondent No.3-surveyor and the ADLR addressed a communication dated -4- NC: 2024:KHC-K:9989 WP No. 203891 of 2024 03.12.2024 to the respondent No.1 ADLR, calling upon him to consider objections submitted by the petitioner.
5. Under these circumstances, I deem it just and appropriate to dispose of this petition directing the respondents to consider and take appropriate decision and pass appropriate orders on the petitioners' objections, representation, etc., in accordance with law.
6. It is further directed that, till the respondents take appropriate decision/pass appropriate orders as stated supra, the respondents shall not take any steps to conduct survey of the subject lands.
7. It is further directed that, before passing appropriate orders, the respondents shall hear and provide sufficient and reasonable opportunity to the petitioner and proceed further in accordance with law.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE Svh/-
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