Chetan S/O Ganapati Patil vs The State Of Karnataka on 13 December, 2021

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Karnataka High Court

Chetan S/O Ganapati Patil vs The State Of Karnataka on 13 December, 2021

Bench: Hemant Chandangoudar

                               1




              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

          DATED THIS THE 13th DAY OF DECEMBER 2021

                            BEFORE

    THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

           WRIT PETITION No.104970/2021 (KLR-RES)

BETWEEN

1. CHETAN S/O GANAPATI PATIL
   AGED ABOUT 38 YEARS,
   OCC AGRICULTURE,
   R/O. H.NO. 7 MICHIGAN COMPOUND,
   CITB COLONY, SAPTAPUR
   DHARWAD-580001

2. LEENA D/O. GANAPATI PATIL
    AGED ABOUT 35 YEARS,
    OCC HOUSEHOLD
    R/O.H.NO. 7 MICHIGAN COMPOUND
    CITB COLONY, SAPTAPUR
    DHARWAD -580001

3. GANAPATI S/O.RAMRAO PATIL
   AGE ABOUT 65 YEARS,
   OCC RETIRED SERVICE
   PRESENTLY AGRICULTURIST
   R/O.H.NO. 7
   MICHIGAN COMPOUND,
   CITB COLONY, SAPTAPUR
   DHARWAD-5800001.                    ...PETITIONERS

(BY SRI. B. SHARANABASAWA, ADVOCATE)

AND

1. THE STATE OF KARNATAKA
   REVENUE DEPARTMENT
                               2




  VIDHANA SOUDHA, BENGALURU
  BY ITS SECRETARY

2. THE COMMISSIONER OF
   LAND REVENUE AND
   LAND SURVEY DEPARTMENT
   K.R. CIRCLE, BENGALURU-560001

3. THE DEPUTY COMMISSIONER
   DHARWAD DISTRICT
   DHARWAD

4. THE ASSISTANT COMMISSIONER
   DHARWAD DISTRICT
   DHARWAD

5. THE TAHASILDAR
   KALAGHATAGI TALUK
   DIST DHARWAD

6. THE DEPUTY DIRECTOR OF LAND
    RECORDS, DHARWAD DIVISION
   NEAR K.C. PARK
   DHARWAD-580001.                           ...RESPONDENTS

(BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1 TO R6)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE ORDER, WRIT
OR ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.4 , 5,
AND 6 TO CONSIDER THE REPRESENTATION DATED 23.09.2019 AS
PER ANNEXURE-N AND REPRESENTATION ANNEXURE-P DATED
15.10.2020 AND ANNEXURE-P1 DATED 15.10.2020 DIRECTED THE
RESPONDENT NOS.3, 4 TO 6 FIX THE AKAR (ASSESSMENT) IN
SY.NO.34/A3/2   MEASURING     46   ACRES,  13  GUNTAS     AND
SY.NO.34/A3/3   MEASURING      16A   FOR  DASANUR     VILLAGE
KALAGHATAGI.

     THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
                                 3




                             ORDER

Land bearing Sy.No.34/B measuring 93 acres 26 guntas situated at Dasanur Village, Kalghatagi Taluk, was re-granted in favour of one Manohar Urf Yeshwant, S/o Krishnarao Desai, under Section 4(1) of the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950 (hereinafter referred to as 'the Bombay Act', for short). Thereafter, petitioners purchased lands to an extent of 16 acres in Sy.No.34/B under a registered sale deed dated 22.12.2003 and an extent of 46 acres 13 guntas in Sy.No.34/B under the registered sale deed dated 22.12.2003. Thereafter, the names of the petitioners were mutated in the revenue records in respect of the lands in question. Petitioners' grievance is that the representation submitted by them with respondent No.5 so as to assess the land revenue payable by them in respect of the lands in question is not considered.

2. Learned High Court Government Pleader appearing for the respondent-State would submit that the representation submitted by the petitioners for assessing the land revenue 4 payable by the petitioner in respect of the lands in question will be considered in accordance with law if a reasonable time is granted.

3. In view of the above, it is expedient to dispose of the writ petition directing respondent Nos.3 to 5 to consider the representations dated 23.09.2019, at Annexure-N and 15.10.2010 at Annexures-P & P1 and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of certified copy of this order. Ordered accordingly.

Sd/-

JUDGE Kms

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