Kurshid Ali Sha vs The State Of Karnataka & Ors on 5 August, 2019

[Cites 2, Cited by 1]

Karnataka High Court

Kurshid Ali Sha vs The State Of Karnataka & Ors on 5 August, 2019

Bench: S.Sujatha

                           1

          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

       DATED THIS THE 05TH DAY OF AUGUST 2019

                        BEFORE

        THE HON'BLE MRS. JUSTICE S.SUJATHA

 WRIT PETITION NO.201801/2018 (KLR/RR/SUR)

Between:

Kurshid Ali Sha
S/o Late Mastan Shah,
Age 69 years, Occ. Agriculture,
R/o Nirna, Tq. Humnabad,
Dist. Bidar - 585 403.
                                      ... Petitioner
(By Sri Jairaj K.Bukka, Advocate)

And:

1. The State of Karnataka
   Through its Principal Secretary,
   Department of Revenue,
   Bangalore - 560 001.

2. The Deputy Commissioner,
   Bidar 585 401.

3. The Tahasildar,
   Humnabad - 585 401.

4. The Revenue Inspector,
   Village Nirna, Tq. Humnabad,
   Dist. Bidar - 585 401.
                              2

5. The Village Accountant,
   Village Nirna, Tq.Humnabad,
   Dist. Bidar - 585 401.
                                            ... Respondents

(By Smt.Arati Patil, HCGP)

     This writ petition is filed under Articles 226 and
227 of the Constitution of India, praying to issue a writ
in nature of mandamus or order or direction to the 2nd
respondent to consider the petitioner representations as
per Annexures 'F' dated 14.11.2018 and 'F1' dated
15.11.2018 filed before 3rd respondent and direct the
third respondent to incorporate the petitioner name in
RTC of the land Sy.No.481 measuring 04 acres 38
guntas situated at Village Nirna, Tq. Humnabad, Dist.
Bidar and issue of the Form 'C' to the petitioner.

      This petition coming on for preliminary hearing
this day, the court made the following:-

                           ORDER

The petitioner has sought for a direction to respondent No.2 to consider the representations Annexures 'F' and 'F1' to the writ petition dated 14.11.2018 and 15.11.2018 respectively.

2. The petitioner is claiming to be the cultivator of the land bearing Sy.No.481 measuring 04 acres 38 guntas since from the last 60 years. It is submitted that 3 the petitioner and his entire family are exclusively dependant on this land. The petitioner has made the representations before the respondent authority to incorporate his name in RTC and issue Form 'C'. It is the grievance of the petitioner that the said representations have not been responded. Hence, this writ petition.

3. Learned High Court Government Pleader submits that there is no legal impediment for the respondents to consider the representations of the petitioner and take a decision in accordance with law within a time frame.

4. Having regard to the facts and circumstances of the case, this Court is of the considered opinion that the interest of justice would be sub-served in directing the respondents to consider the representations as per Annexures 'F' dated 14.11.2018 and 'F1' dated 15.11.2018 and take a decision in an 4 expedite manner, in any event, not later than four weeks from the date of receipt of certified copy of this order. Ordered accordingly.

With the aforesaid observations and directions writ petitions stand disposed of.

Sd/-

JUDGE sn

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