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2025 DAILYLAW 13092 (KAR)

SRI BYLARAMAIAH v. STATE OF KARNATAKA

WP/704/2025 · 2025-01-29

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:3997 WP No. 704 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 704 OF 2025 (KLR-RES) BETWEEN: SRI. BYLARAMAIAH SO LATE HANUMANTHAIAH, AGED ABOUT 63 YEARS, R/O SREENIVASAPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562 132 …PETITIONER (BY SRI. YOGESH V KOTEMATH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110. 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA 561 203. 4. THE TAHSILDHAR NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 123. …RESPONDENTS (BY SRI. K. MANJUNATH, HCGP) Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3997 WP No. 704 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 AUTHORITY TO CONSIDER THE REPRESENTATION DTD 14.03.2022 VIDE ANNX-F AND ISSUE SAGUVALLI CHIT AND ENTER THE NAMES OF THE PETITIONER IN THE REVENUE RECORDS IN RESPECT OF THE LAND BEARING SY NO. 133 MEASURING TO AN EXTENT OF 02 ACRES SITUATED AT SRINIVASAPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT EXPEDITIOUSLY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed being aggrieved by inaction on the part of the 4th respondent, the Tahasildar, in not issuing a grant certificate pursuant to the recommendation made by the land Committee. 2. The petitioner's father filed an application in Form No.53 seeking regularization of his unauthorized occupation in survey No.133 measuring 2 acres situated at Srinivasapura Village, Kasaba Hobli, Nelamangala Taluk, Bangalore Rural District. 3. The petitioner claims that the petitioner's application along with the requisite documents is placed before - 3 - NC: 2025:KHC:3997 WP No. 704 of 2025 the Assistant Commissioner. The Assistant Commissioner vide official memorandum dated 16.12.1971 has granted the land in question. Though the official memorandum is issued way back in 1971, the petitioner claims that the Authorities are still to act on the said official memorandum dated 16.12.1971. 4. On closer review of the record, this Court is of the view that the petitioner has right to seek suitable direction at the hands of this Court. The Tahasildar is equally obligated to take cognizance of the official memorandum dated 16.12.1971 evidenced at Annexure-B and pass appropriate orders. Since there is an inaction on the part of the 4th respondent, this is a fit case where a mandamus lies. 5. For the foregoing reasons, this court passes the following: ORDER i) The writ petition is allowed. ii) The 4th respondent, the Tahasildar is hereby directed to consider the petitioner's representation dated 14.03.2022 evidenced at Annexure-F and pass appropriate orders in accordance with law. - 4 - NC: 2025:KHC:3997 WP No. 704 of 2025 iii) This exercise shall be accomplished within a period of three months from the date of receipt of certified copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE KTY List No.: 1 Sl No.: 33