GURAPPA MAMDAPUR AND ORS v. STATE OF KARNATAKA AND ORS
WP/203361/2023 · 2025-06-30
M I Arun
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12069 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12069 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-K:3487 WP No. 203361 of 2023
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO.203361 OF 2023 (KLR-RR/SUR)
BETWEEN:
1.
GURAPPA MAMDAPUR S/O SIDRAMAPPA MAMDAPUR, AGED ABOUT 50 YEARS,
2.
BASAPPA MAMDAPUR, S/O IRAPPA MAMDAPUR, AGED ABOUT 45 YEARS,
3.
MANJUNATH MAMDAPUR S/O SRISHAILA MAMDAPUR, AGED ABOUT 29 YEARS,
4.
MUTTAPPA MAMDAPUR S/O SRISHAILA MAMDAPUR, AGED ABOUT 40 YEARS,
5.
BASAVARAJ ERAPPA MAMDAPUR S/O SRISHAILA MAMDAPUR, AGED ABOUT 35 YEARS, ALL ARE R/O MASUTHI VILLAGE, TQ. KOLHAR, DIST. VIJAYAPURA-586101.
…PETITIONERS
(BY SRI. A. M. NAGRAL, ADVOCATE)
Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-K:3487 WP No. 203361 of 2023
AND:
1.
STATE OF KARNATAKA DEPARTMENT OF REVENUE MULTI STORIED BUILDING, VIDHAN SOUDHA VEEDHI BANGALORE-560001.
REP. BY ITS PRINCIPAL SECRETARY.
2.
THE COMMISSIONER, DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS AND DIRECTOR, ATALJI JANASNEHI KENDRA, K. R. CIRCLE, BANGALORE-560001.
3.
THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, GOPALPUR GALLI, VIJAYAPURA, KARNATAKA-586101.
4.
THE TAHSILDAR OFFICE OF THE TAHSILDAR, TQ. KOLHAR DIST, VIJAYAPURA-586112.
…RESPONDENTS (BY SRI. Y. H. VIJAYKUMAR, AAG (VC) A/W SRI. MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT OF CERTIORARI OR ORDER QUASHING THE IMPUGNED ENDORSEMENT DATED 03-10-2023 ISSUED BY THE FOURTH RESPONDENT IN ORDER NO. CPÀæªÀÄ:¸ÀPÀæªÀÄ:«¤¢:45/2023- 24 AS PER ANNEXURE-F, F1, F2, F3 AND F4, II) ISSUE A WRIT OF CERTIORARI OR ORDER QUASHING THE IMPUGNED ENDORSEMENT DATED NIL 09-2023 ISSUED BY THE THIRD
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HC-KAR NC: 2025:KHC-K:3487 WP No. 203361 of 2023
RESPONDENT IN ORDER NO. PÀæ:PÀAE/J£ï.¹.Dgï/¹Dgï-212/2021-22 AS PER ANNEXURE-G, III) DIRECT THE RESPONDENTS TO RE CONSIDER THE APPLICATIONS FILED BY THE PETITIONERS TO REGULARISE THEIR
UNAUTHORISED OCCUPANCY AND CULTIVATION OF VARIOUS EXTENTS OF LAND HELD BY THEM RESPECTIVELY IN SY.NO.448, MASUTHI VILLAGE, KOLHAR HOBLI, VIJAYAPURA DISTRICT. IV) DIRECT RESPONDENTS TO ISSUE THE REGULARISATION CERTIFICATE FOR THE VARIOUS/DIFFERENT EXTENT/S OF LAND/S HELD BY THE PETITIONERS IN SY. NO.448, MASUTHI VILLAGE, KOLHAR HOBLI, VIJAYAPURA DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER (PER: HON'BLE MR JUSTICE M.I.ARUN)
The petitioners are said to be in unauthorized occupation and cultivation of certain lands as mentioned in the writ petition. They have requested the respondents to regularize their unauthorized occupation and cultivation. However, the authorities concerned have rejected their request and have issued endorsements dated 03.10.2023 vide Annexure-F, F1, F2, F3 and F4 and also respondent No.3 has issued an
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HC-KAR NC: 2025:KHC-K:3487 WP No. 203361 of 2023
endorsements dated Nil.09.2023 vide Annexure-G to the writ petition wherein the request of the petitioners have been rejected. The case of the petitioners is that the said impugned endorsements have been issued contrary to the provisions of law and without applying the mind.
2. The learned Additional Government Advocate upon instruction submits that the request of the petitioners shall be consider afresh in accordance with law irrespective of the impugned endorsement. He further submits that the same shall be considered within a period of 3 months. Hence, the following:
ORDER
The impugned endorsements dated 03.10.2023 issued by respondent No.4 vide Annexures-F, F1, F2, F3 and F4 are hereby set aside.
Irrespective of the decision taken by respondent No.3 because of which the impugned endorsement dated Nil.09.2023 vide Annexure-G to the writ petition is issued, the case of the petitioners shall be considered afresh by examining the facts and the relevant provisions of law and thereafter, the
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HC-KAR NC: 2025:KHC-K:3487 WP No. 203361 of 2023
respondents shall take appropriate decision and pass appropriate orders in accordance with law within a period of 4 months from the date of receipt of certified copy of this order. Till such appropriate decisions is taken, parties concerned shall maintain status-quo in respect of the property concerned.
Sd/- (M.I.ARUN) JUDGE
SMP List No.: 1 Sl No.: 2 CT:SI