SRI. KARISIDDESHWARA DEVASTHANA v. THE STATE OF KARNATAKA
WP/201186/2025 · 2025-04-25
Chillakur Sumalatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10696 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10696 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-K:2496 WP No. 201186 of 2025
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201186 OF 2025 (KLR-RES) BETWEEN:
SRI. KARISIDDESHWARA DEVASTHANA, SEVA SAMITI DEVARHIPPARGI, R/BY ITS PRESIDENT MALAPPA S/O BHIMAPPA DEVANAGAON, AGED ABOUT 62 YEARS, R/O DEVARAHIPPARAGI, TQ: DEVARAHIPPARAGI, DIST: VIJAYAPURA – 586 112.
…PETITIONER
(BY SRI. ANANTH S. JAHAGIRDAR, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS PRL. SECRETARY, DEPARTMENT OF REVENUE, (LAND GRANT), M.S. BUILDING, BENGALURU – 560 001.
2.
THE DEPUTY COMMISSIONER, VIJAYAPURA, DIST: VIJAYAPURA – 586 101.
3.
THE ASSISTANT COMMISSIONER, INDI, TQ: INDI, DIST: VIJAYAPURA – 586 101.
Digitally signed by LUCYGRACE Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC-K:2496 WP No. 201186 of 2025
4.
THE TAHASILDAR, DEVARAHIPPARAGI, TQ: DEVARAHIPPARAGI, DIST: VIJAYAPURA – 586 112.
…RESPONDENTS (BY SRI. SHESHADRI JAISHANKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS AND DIRECT THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATION DATED 23.09.2024 VIDE ANNEXURE-L, WITH A DIRECTIONS TO CONDUCT SURVEY AND PREPARE PHODI, FORM NO.10 AND HAND OVER THE POSSESSION OF LAND TO THE EXTENT OF 4 ACRES IN LAND R.S NO.222 SITUATED AT DEVARAHIPPARAGI TOWN, DISTRICT VIJAYAPURA WITHIN THE BOUNDARIES AS PER THE ORDER OF RESPONDENT NO.1 VIDE ANNEXURE-B DATED 28.03.2023 AND THE ORDER OF RESPONDENT NO.2 VIDE ANNEXURE-D DATED 16.05.2023 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 Sri Anant S. Jahagirdar, learned counsel for the writ petitioner as well as Sri Sheshadri Jaishankar, learned Additional Government Advocate, who represents the respondents.
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NC: 2025:KHC-K:2496 WP No. 201186 of 2025
2.
Learned counsel for the writ petitioner submits that the petitioner which is registered society, made a request to the Government to grant 4 acres of land to start an Educational Institution. The land was accordingly granted with a condition to deposit the required amount as per law. As
directed, the petitioner deposited Rs.8,50,751/-. Thereafter, an order was passed by respondent No.1 directing respondent No.4 to hand over the possession of the land and also mutate the name of the petitioner in the Record of Rights. Thereafter, the name of the petitioner was entered in Record of Rights to the extent of the said 4 acres of land, which is located in R.S No.222 of Devarahipparagi village. Subsequently, the petitioner submitted a representation to respondent Nos.3 and 4 to direct the concerned to prepare phodi of the land and also to prepare separate sheet of revenue records as provided under law. However, the representation of the petitioner is not considered till now and aggrieved by the same, the present writ petition is filed.
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NC: 2025:KHC-K:2496 WP No. 201186 of 2025
3. Learned Additional Government Advocate submits that the representation of the petitioner will be considered and appropriate orders will be passed.
4. As per the submission that is made by the
learned counsel for the writ petitioner, the representation at Annexure-L was received by respondent No.4 on
23.09.2024. Record discloses justification in the submission thus made. No reason is shown as to why the said representation is kept pending till now by respondent No.4 without giving any response. Therefore, this Court considers desirable to dispose of the writ petition, directing respondent No.4 to consider the representation of the petitioner and pass necessary orders.
5. Thus, the writ petition is disposed of with the following direction: i) Respondent No.4-Tahasildar, Devarahipparagi Taluk is directed to consider the representation of the petitioner dated 23.09.2024, to take necessary steps in accordance with law and
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NC: 2025:KHC-K:2496 WP No. 201186 of 2025
pass necessary orders within a period of six weeks from the date of receipt of certified copy of this order.
ii) The decision taken be communicated to the petitioner.
Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE
LG List No.: 1 Sl No.: 27