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2025 DAILYLAW 10478 (KAR)

JAGADISH v. THE DEPUTY COMMISSIONER

WP/201049/2025 · 2025-04-08

Chillakur Sumalatha

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2251 WP No. 201049 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201049 OF 2025 (KLR-RES) BETWEEN: 1. JAGADISH S/O. LATE CHANNABASAPPA, AGED ABOUT 68 YEARS, OCC: AGRICULTURE, R/O: JANGALKOI VILLAGE, TQ & DIST: BIDAR – 585 401. 2. RAVINDRANATH S/O LATE CHANNABASAPPA, AGED ABOUT 68 YEARS, OCC: RETIRED GOVERNMENT SERVANT, R/O: JANGALKOI VILLAGE, TQ & DIST: BIDAR – 585 401. 3. SMT. NEELAMMA W/O LATE CHANNABASAPPA, AGED ABOUT 65 YEARS, OCC: HOUSEHOLD, R/O: JANGALKOI VILLAGE, TQ & DIST: BIDAR – 585 401. 4. VIDYASAGAR S/O. LATE CHANNABASAPPA, AGED ABOUT 48 YEARS, OCC: AGRICULTURE, R/O: JANGALKOI VILLAGE, TQ & DIST: BIDAR – 585 401. 5. GYANESHWAR S/O LATE CHANNABASAPPA, Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2251 WP No. 201049 of 2025 AGED ABOUT 48 YEARS, OCC: AGRICULTURE, R/O: JANGALKOI VILLAGE, TQ & DIST: BIDAR – 585 401. …PETITIONERS (BY SMT. NEEVA M. CHIMKOD, ADVOCATE) AND: THE DEPUTY COMMISSIONER, BIDAR, DIST: BIDAR – 585 401. …RESPONDENT (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 OF MANDAMUS OR DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS DATED 07-10-2024 VIDE ANNEXURE-C, DATED 04-01-2025 VIDE ANNEXURE-D AND DATED 24-02-2025 VIDE ANNEXURE-E AND ETC. 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 Mrs.Niva M.Chimkod, learned counsel for the petitioners as well as learned Additional Government Advocate who represents the respondent. - 3 - NC: 2025:KHC-K:2251 WP No. 201049 of 2025 2. Learned counsel for the petitioners submits that through orders in Writ Appeals No.200001/2024 and 200002/2024, the Division Bench of this Court has confirmed the order that was rendered by the Karnataka Appellate Tribunal which ordered the respondent to grant occupancy rights in favour of the petitioners. By virtue of those orders, the petitioners gave a representation to the respondent on 07.10.2024 to grant occupancy rights. However, there was no response. Again the petitioners gave one more representation on 04.01.2025. There is no response till now even for that representation and therefore the present writ petition is filed. 3. Learned counsel submits that nothing more is required from this Court except to direct the respondent to consider the representations of the petitioners dated 07.10.2024, 04.01.2025 and 24.02.2025 and to pass orders. 4. Learned Additional Government Advocate seeks the Court to dispose of the writ petition on merits. - 4 - NC: 2025:KHC-K:2251 WP No. 201049 of 2025 5. Having considered the justification in the relief sought for and as submission of the representations is not disputed by the learned Additional Government Advocate and further making an observation that the respondent is bound to address the grievance of the petitioners and give appropriate answer being a public authority, the writ petition is disposed of with the following : ORDER Respondent is directed to consider the representations of the petitioners dated 07.10.2024, 04.01.2025 and 24.02.2025 and pass necessary orders within a period of one month from the date of receipt of copy of this order. The decision taken be communicated to the petitioners. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE SN List No.: 1 Sl No.: 30