Karnataka High Court
Smt. Kotribai W/O Gopinath.L.U vs The Deputy Commissioner on 23 January, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:1627
WP No. 103012 of 2023
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 103012 OF 2023 (KLR-RES)
BETWEEN:
1. SMT. KOTRIBAI W/O GOPINATH.L.U.
AGE. 40 YEARS, OCC. COOLIE,
R/O DASARAHALLI,
TQ. HUVIN HADAGALI,
DIST.VIJAYANAGAR-583219.
2. SMT. GOURIBAI W/O BHEEMANAIK.M.
AGE. 35 YEARS, OCC. COOLIE,
R/O DASARAHALLI,
TQ. HUVIN HADAGALI,
DIST. VIJAYANAGAR-583219.
3. SMT. VISHALABAI W/O N.SHREEDHARNAYK
AGE. 50 YEARS, OCC. COOLIE,
SUJATA R/O DASARAHALLI,
SUBHASH TQ. HUVIN HADAGALI,
PAMMAR DIST. VIJAYANAGAR-583219.
...PETITIONERS
Digitally signed by (BY SRI ANAND R KOLLI, ADVOCATE.)
SUJATA SUBHASH
PAMMAR
Date: 2024.02.01 AND:
02:12:55 -0800
1. THE DEPUTY COMMISSIONER,
DIST.VIJAYANAGAR,
HOSPET-583201.
2. THE TAHSILDAR,
TQ. HUVIN HADAGALI,
DIST. VIJAYNAGAR-583219.
...RESPONDENTS
(BY SRI V.S.KALASURMATH, HCGP.)
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NC: 2024:KHC-D:1627
WP No. 103012 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO:
A) ISSUE A WRIT IN THE NATURE OF MANDAMUS
DIRECTING THE RESPONDENT NO. 2 AUTHORITY TO ISSUE THE
RECORD OF RIGHTS IN RESPET OF SURVEY NO. 229D/1 IN
PURSUANCE OF THE ORDER/FORM NO. 1 BEARING NO.
EVILE.NO.CUM.BHOOMI.ASASA.1701/98-99 DATED 23.03.2007 IN
RESPECT OF PETITIONER NO.1 VIDE ANNEXURE -B IN THE INTEREST
OF JUSTICE AND EQUITY.
B) ISSUE A WRIT IN THE NATURE OF MANDAMUS
DIRECTING THE RESPONDENT NO. 2 AUTHORITY TO ISSUE THE
RECORD OF RIGHTS IN RESPECT OF SURVEY NO. 229D/1 IN
PURSUANCE OF THE ORDER/FORM NO.1 BEARING NO.
EVILE.NO.CUM.BHOOMI.ASASA.1700/98-99 DATED 23.03.2007 IN
RESPECT OF PETITIONER NO.2 VIDE ANNEXURE-B1 IN THE
INTEREST OF JUSTICE AND EQUITY.
C) ISSUE A WRIT IN THE NATURE OF MANDAMUS
DIRECTING THE RESPONDENT NO.2 AUTHORITY TO ISSUE THE
RECORD OF RIGHTS IN RESPECT OF SURVEY NO. 229D/1 IN
PURSUANCE OF THE ORDER/FORM NO.1 BEARING NO.
EVILE.NO.CUM.BHOOMI.ASASA.1702/98-99 DATED 23.03.2007 IN
RESPECT OF PETITIONER NO.3 VIDE ANNEXURE -B2 IN THE
INTEREST OF JUSTICE AND EQUITY, AND ETC.,.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned HCGP accepts notice for respondents No.1 and 2.
2. The petitioners claim that they have been granted portions of the lands in Sy.No.229D/1 measuring 10 acres 36 guntas, situated at Dasarahalli village, which is evident from the Form No.1 annexed to the writ petition at Annexure-B series.
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NC: 2024:KHC-D:1627 WP No. 103012 of 2023
3. Learned counsel for petitioners submitted that the petitioners submitted application with the second respondent to mutate their names in the revenue records in respect of the portions of the lands granted. Petitioners' grievance is that the representations submitted have not been considered.
4. Learned HCGP on instruction submits that the representation submitted by the petitioners will be considered in accordance with law, if reasonable time is granted.
5. Therefore, it is expedient to dispose of the writ petition directing respondent No.2 to consider the representation dated 20.01.2022, at Annexure-C and pass appropriate order in accordance with law, within a period of three months from the date of receipt of a certified copy of this order, if already not considered.
The writ petition stands disposed of accordingly.
Sd/-
JUDGE MRK CT:GSM List No.: 2 Sl No.: 14