Karnataka High Court
Unnamadala Govindappa Alias Smt. ... vs The Principal Secretary on 23 June, 2023
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 102059 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 23RD DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 102059 OF 2023 (LR)
BETWEEN:
UNNAMADALA GOVINDAPPA & SMT. VENKAMMA
MEMORIAL SCHOOL, DEVELOPMENT COMMITTEE,
A TRUST R/BY ITS SECRETRY,
SRI. UNNAMADALA NARAYAN REDDY,
AGED ABOUT 59 YEARS, OCC. AGRICULTURIST,
R/O. SIDAMANAHALLI VILLAGE,
BELLARY TALUK & DISTRICT. 583101.
... PETITIONER
(BY SRI. MANJUNATHA V RAYAPPA,ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY,
RAKESH S REVENUE DEPARTMENT,
HARIHAR GOVERNMENT OF KARNATAKA,
M.S. BUILDING, BANGALORE-01.
Digitally signed by RAKESH
S HARIHAR
Location: High Court of 2. THE DEPUTY COMMISSIONER,
Karnataka, Dharwad
Date: 2023.06.26 11:58:37 BALLARI DISTRICT, BELLARY-583101.
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3. THE TAHSILDAR,
KURUGODU TALUK,
BELLARY DISTRICT.
BELLARY-583101.
... RESPONDENTS
(BY SRI. VINAYAK S KULKANRI, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
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WP No. 102059 of 2023
ISSUE WRIT OF MANDAMUS TO CONSIDER THE
REPRESENTATIONS DATED. 14/09/2021 AND 04/07.2022 I.E.,
ANNEXURE-G AND H THE RESPONDENT NO.2 AND 3 WHICH IS
SUBMITTED BY THE PETITIONER, IN ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The instant writ petition is preferred with a prayer to issue a writ of mandamus directing respondent Nos.2 and 3 to consider the representations at Annexures- G and H dated 14.09.2021 and 04.07.2022 respectively.
2. Heard the learned counsel for the parties. 3. The land bearing Sy.Nos.221, 222 and 234 totally measuring 78.43 acres was gifted under a registered gift deed in favour of the Unnamadala Govindappa & Smt.Venkamma Memorial School and on the ground that the aforesaid transaction was hit by the provisions of Section 79A and 79B of the Karnataka Land Revenue Act, 1961, the proceedings were initiated against the petitioner. Challenging the order passed in the said proceedings, the petitioner had approached this Court in WP No.66729/2011 connected with WP No.68618/2010 -3- WP No. 102059 of 2023 which was disposed of by this Court on 08.12.2020 holding that the proceedings initiated against the petitioner stood abated. Pursuant to the order passed by this Court, the petitioner appears to have given representations vide Annexures-G and H dated 14.09.2021 and 04.07.2022 to respondent Nos.1 and 3 to take necessary steps for entering the name of the petitioner in the revenue records of the lands in question. Since the said representations did not invoke any response, the petitioner is before this Court.
4. Learned AGA appearing for the respondents submits that the representation at Annexure-H which is addressed to the Tahasildar will be considered in accordance with law and appropriate orders would be passed, if some reasonable time is granted.
5. The said submission is placed on record.
6. Writ petition is disposed of directing respondent No.3-Tahasildar to consider the representation at Annexure-H dated 04.07.2022 submitted by the petitioner and pass appropriate orders on the same in accordance -4- WP No. 102059 of 2023 with law as expeditiously as possible, but not later than a period of three months from the date of receipt of certified copy of this order.
Sd/-
JUDGE Kgk/Ct:Bck List No.: 1 Sl No.: 69