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2025 DAILYLAW 13464 (KAR)

SRI. MANJUNATHA B G v. THE STATE OF KARNATAKA

WP/1308/2025 · 2025-03-10

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:9989 WP No. 1308 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1308 OF 2025 (GM-RES) BETWEEN: SRI. MANJUNATHA B. G., S/O. GOVINDAPPA, AGED ABOUT 30 YEARS, BHIMAGANAHALLI- VILLAGE, BALAMANDE- POST, BANGARPET TALUK, KOLAR- DISTRICT. PIN CODE- 563 129. …PETITIONER (BY SRI. B.N. UMESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR. ZILLADALITHA BHAVANA, KUMBARAHALLI, (NEAR R.L. JALAPPA MEDICAL COLLEGE) MULABAGAL ROAD, NH-75, KOLAR -563 103. 3. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION KOLAR, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9989 WP No. 1308 of 2025 OFFICE AT, BRINDAVAN (COURT) CIRCLE, KOLAR- 563 101. 4. THE TAHSILDAR BANGARPET -TALUK, KOLAR - DISTRICT PIN CODE- 563114. 5. THE DIRECTOR DEPARTMENT OF SAINIK WELFARE AND RESETTLEMENT, FIELD MARSHAL. NO, 58, K.M. KARIYAPPA BHAVAN, K.M. KARIYAPPA BHAVAN ROAD. BANGALORE- 560 025. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE R-4 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DTD 13.11.2019 AND 14.2.2024 VIDE AT ANNX-A AND A1 AND TO CONCLUDE THE PROCESS OF GRANT OF LAND AT EARLIEST. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayers: "Wherefore, the Petitioner respectfully prays that this Hon'ble Court may be pleased to: - 3 - NC: 2025:KHC:9989 WP No. 1308 of 2025 a. Issue Writ in the nature of Mandamus Direction to the Respondent No:4 to consider the representation of the Petitioner dated 13/11/2019, and 14/2/2024, vide at ANNEXURE-A, A-1 and to conclude the process of grant of land at earliest. b. Issue any other Writ or orders/relief's as deems fit by this Hon'ble Court under the facts and circumstances of the above case in the interest of justice and equity." 2. Heard Sri.B.N.Umesh, learned counsel appearing for the petitioner and Sri.Shmanth Naik, learned HCGP appearing for the respondents. 3. The petitioner is an ex-service man who comes out of the Indian Army on 21.09.2017, on his discharge, files an application on 13.11.2019 before the Director Department of Sainik Welfare for grant of land in Sy.No.22, which measures 5 acres in terms of his right under a statute. 4. The learned HCGP not having considered the request of the petitioner has driven him to this Court to the subject petition. 5. The learned HCGP on instructions would submit that there is no land available in the place that the petitioner is seeking but his representation would be considered for subject to availability in any other Village. The petitioner agrees to the - 4 - NC: 2025:KHC:9989 WP No. 1308 of 2025 same. Therefore, I deem it appropriate to dispose the petition directing the respondents to consider the representation of the petitioner and pass necessary orders bearing in mind the submissions made before this Court within 12 weeks from the date of receipt of copy of the order, if not earlier. 6. With the aforesaid observations, the petition stands disposed. Ordered accordingly. It is made clear that this Court has not assessed the merit of the claim of the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE DS CT:TSM List No.: 1 Sl No.: 64