Karnataka High Court
Saibanna vs The State Of Karnataka And Ors on 9 December, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC-K:9444
WP No. 203421 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 203421 OF 2024 (KLR-RES)
BETWEEN:
SAIBANNA
S/O GIREPPA KYATENAVAR
AGE 61 YEARS, OCC: AGRICULTURE
R/O BURANAPUR VILLAGE
TQ DIST VIJAYAPURA - 685 101.
...PETITIONER
(BY SRI. S.S. SAJJANSHETTY,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
REPRESENTED BY ITS UNDER SECRETARY,
M.S.BUILDING,
BANGALORE - 560 001.
Digitally signed 2. THE DEPUTY DIRECTOR OF LAND RECORDS,
by SUMITRA THE OFFICE OF DDLR TA,
SHERIGAR VIJAYAPURA - 685 101.
Location: HIGH
COURT OF 3. THE ASST. DIRECTOR,
KARNATAKA OF LAND RECORDS,
OFFICE OF THE ADLR,
VDAYAPURA - 685 101.
4. THE TAHASILDAR OFFICE
OF TAHASILDAR TALLUQ
EXECUTIVE MAGISTRATE,
TQ DIST VIJAYAPUR - 685 101.
5. THE SPL LAO KARNATAKA-STATE
INDUSTRIAL DOVELOPMENT BOARD INDUSTRIAL AREA
PI ROAD, TQ DIST DHARWAD - 520 004.
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NC: 2024:KHC-K:9444
WP No. 203421 of 2024
6. THE REVENUE INSPECTOR
OFFICE OF RI, BURNAPUR VILLAGE TQ
DIST VIJAYAPUR - 685 101.
...RESPONDENTS
(BY SMT. MAYA.T.R, HCGP FOR R-1 TO R-4 & R-6
SRI. A.M. NAGARAL, ADVOACTE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WRIT PETITION
FILED BY THE PETITIONERS AND THE HONOURABLE COURT MAY
KINDLY BE PLEASED TO ISSUE WRIT OF MANDAMUS IN NATURE OF
ANY OTHER WRIT OR ORDER OR DIRECTION TO THE RESPONDENTS
NO.4 AND 3 TAHASILDARAND ADLR RESPECTIVELY TO CONSIDER THE
REPRESENTATION DTD. 30.11.2007 VIDE ANNEXURE-E,
REPRESENTATION DTD. 24.01.2023 VIDE ANNEXURE-G, RECOMANDED
LETTER DTD 22.11.2023 VIDE ANNEXURE-H BY VA AND RI TO THE
TAHASILDAR (R-4) AND REPRESENTATION DTD H1 DTD 03.01.2024 AND
REMINDER REPRESENTATION DTD 23.01.2024 TO ADLR (R-3) MORE
PARTICULARLY THE SPECIFIC DIRECTION MAY KINDLY BE ISSUED TO
THE RESPONDENTS NOS4 AND 3 WITH AAKAAR-BANDU AFTER
FIXATION OF BOUNDARIES OF THE SUBJECT AND SY.NO.29/1B
MEASURING 4 ACRES 01 GUNTAS SITUATE AT VILLAGE BURNAPUR
TQ.DIST. VIJAYAPURA, WITHIN STIPULATED DURATION AND ETC.
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) In this petition, the petitioner seeks the following reliefs:
"i)To issue writ of Mandamus in nature or any other writ or order or direction to the Respondents No.4 & 3 Tahasildar and ADLR respectively to consider the -3- NC: 2024:KHC-K:9444 WP No. 203421 of 2024 Representation dated 30.11.2007 vide Annexure-E, Representation dated 24.01.2023 vide Annexure-G, Recomanded Letter dated 22.11.20203 vide Annexure-H by VA & RI to the Tahasildar (R-4) and Representation dated H-1 dated 03.01.2024 & reminder Representation dated 23.01.2024 to ADLR (R-3) more particularly the specific direction may kindly be issued to the Respondents nos.4 & 3, respectively to issue fresh rectified e-property with Form No.10 with Aakaar-bandu after fixation of boundaries of the subject land Sy.No.29/1B measuring 4 acres 01 guntas situated at village Burnapur Tq:Dist:Vijayapura, within stipulated duration.
ii) The Hon'ble Court kindly be pleased to pass necessary order or directions deemed fit and petitioner found entitle in the facts and circumstances of the case in the interest of justice and equity."
2. Heard learned counsel for the petitioner and learned HCGP for respondent Nos.1 to 4 and respondent No.6 and learned counsel for respondent No.5 and perused the material on record.
3. It is the grievance of the petitioner that his representations dated 30.11.2007, 24.01.2023, 22.11.2023 and -4- NC: 2024:KHC-K:9444 WP No. 203421 of 2024 03.01.2024 at Annexures-E, G, H and H1 submitted to the respondents has not been considered so far by them nor any order has been passed on the same. Under these circumstances, the petitioner is before this Court by way of the present petition.
4. Per contra, learned HCGP for respondent Nos.1 to 4 and 6 and learned counsel for respondent No.5 submits that if reasonable time is given, they would consider and pass necessary order on the said representations.
5. In view of the aforesaid facts and circumstances and rival submissions, the respondents are hereby directed to address the grievances of the petitioner and consider his representations dated 30.11.2007, 24.01.2023, 22.11.2023 and 03.01.2024 at Annexures-E, G, H and H1, respectively and pass appropriate order / take appropriate decision in accordance with law, within a period of two months from the date of receipt of a copy of this order.
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NC: 2024:KHC-K:9444 WP No. 203421 of 2024
6. With the aforesaid directions, the petition stands disposed of.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 4