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2025 DAILYLAW 10293 (KAR)

RAMCHANDRA v. THE STATE OF KARNATAKA

WP/200929/2025 · 2025-03-25

Chillakur Sumalatha

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:1907 WP No. 200929 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.200929 OF 2025 (KLR-RR/SUR) BETWEEN: 1. RAMCHANDRA S/O MALLAPPA HALLI, AGE: 73 YEARS, OCC: AGRICULTURE, R/O PLOT NO.324, MALLIKARJUN NILAYA, MAHAVEER NAGAR, BEHIND KOTHARI BHAVAN, KALABURAGI – 585 102. 2. LAXMIBAI W/O GOUDAPPAGOUDA, AGE: 54 YEARS, OCC: AGRICULTURE, R/O ALAND COLONY, KALABURAGI – 585 102. 3. INDIRA PATIL W/O BABUGOUDA, AGE: 60 YEARS, OCC: AGRICULTURE, R/O PLOT NO.2, JEWARGI ROAD, NEAR DTI OFFICE, NGO'S COLONY, KALABURAGI – 585 102. 4. SANGEETA W/O KRISHNA DESHPANDE, AGE: 53 YEARS, OCC: HOUSEHOLD & AGRICULTURE, R/O H.NO.1-891/75/34/1, OPP. KEB OFFICE, Digitally signed by VARSHA N RASALKAR Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:1907 WP No. 200929 of 2025 KARUNESHWAR NAGAR, JEWARGI ROAD, KALABURAGI – 585 102. …PETITIONERS (BY SRI. YASHAS S. DIKSHIT, ADVOCATE FOR SRI. ANANTH S. JAHAGIRDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY SECRETARY, VIKAS SOUDHA, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, KALABURAGI, DIST: KALABURAGI – 585 102. 3. THE ASSISTANT COMMISSIONER, KALABURAGI, DIST: KALABURAGI – 585 102. 4. THE TAHASILDAR, KALABURAGI, TQ: & DIST: KALABURAGI. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATION DATED 04.12.2024 SUBMITTED BY THE PETITIONERS THE COPY OF WHICH AS PER ANNEXURE-G IN THE INTEREST OF JUSTICE AND ETC. - 3 - NC: 2025:KHC-K:1907 WP No. 200929 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Yashas S. Dixit, learned counsel, who represents Sri Ananth S. Jahagirdar, learned counsel on record for the writ petitioners as well as learned Additional Government Advocate, who represents the respondents. 2. This writ petition is filed seeking the Court to issue a writ in the nature of mandamus directing respondent No.4 i.e., Tahsildar, Kalaburagi to consider the representation that was submitted by the writ petitioners dated 04.12.2024. 3. Learned counsel for the writ petitioners submits that the writ petitioners are the absolute owners of the land admeasuring 4 Acres 13 Guntas in Sy. No.25/5 of Kesaratgi village, Kalaburagi Taluq and District. Their names were entered in the Record of Rights also. One - 4 - NC: 2025:KHC-K:1907 WP No. 200929 of 2025 Nagendrappa initiated a civil suit against the petitioners and others, but he could not get any relief. Even the appeal filed by him stood dismissed. The petitioners filed several representations requesting respondent No.4 to prepare fresh Form No.10 after conducting due survey of their property and fix boundaries. However, respondent No.4 did not take any action. One more representation was submitted on 04.12.2024, but even that representation was not entertained and the said representation is still lying on the table of respondent No.4. Having no other ground, the writ petitioner filed the present writ petition seeking a direction to respondent No.4 to consider the representation and pass orders. 4. Learned Additional Government Advocate representing the respondents submits that respondent No.4 would do the needful. 5. When a representation or a request in writing is made to a public authority, the said public authority is under obligation to entertain the said representation and - 5 - NC: 2025:KHC-K:1907 WP No. 200929 of 2025 pass appropriate orders. No public authority is permitted to keep the request or representation pending for months together. By following the procedure laid down and the law applicable, the grievance of the public is required to be answered. Therefore, this Court is of the view that there is every requirement to direct respondent No.4 i.e., Tahsildar, Kalaburagi to take up the representation that was submitted by the petitioners and pass appropriate orders. Hence, the writ petition is disposed of with the following: ORDER (i) Respondent No.4 – Tahsildar, Kalaburagi is directed to entertain the representation dated 04.12.2024 that was submitted by the writ petitioners and pass appropriate orders strictly in accordance with law within a period of two weeks from the date of receipt of copy of this order. - 6 - NC: 2025:KHC-K:1907 WP No. 200929 of 2025 (ii) The decision taken be communicated to the writ petitioners. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE LG List No.: 1 Sl No.: 44