Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24065 WP NO.10189 OF 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.10189 OF 2025 (KLR-RES) BETWEEN:
SRI. K.B. MOHAN KUMAR S/O BEERALINGE GOWDA, AGED ABOUT 54 YEARS, R/O KADAHEMMIGE VILLAGE, KIKKERI HOBLI, K.R. PET TALUK, MANDYA DISTRICT - 571 423. …PETITIONER (BY SRI. KALEEMULLAH SHARIFF, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA 571 401. 2. THE ASSISTANT COMMISSIONER PANDAVAPURA SUB-DIVISION, MANDYA DISTRICT - 571 434. 3. THE TAHASILDAR K.R. PET TALUK, MANDYA DISTRICT - 571 426. 4. COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OF LAND K.R. PET TALUK, MANDYA DISTRICT. BY ITS SECRETARY. 5. K.M. SHIVARAME GOWDA S/O K.H. NANJE GOWDA, AGED ABOUT 56 YEARS. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24065 WP NO.10189 OF 2025
6. K.T. BHADRE GOWDA S/O JAVARE GOWDA, AGED ABOUT 58 YEARS. 7. SMT. SANNAMMA W/O LATE NANJUNDE GOWDA, AGED ABOUT 66 YEARS. 8. SMT. LAKSHMAMMA W/O LATE NAGAPPA, AGED ABOUT 70 YEARS. 9. DODDEGOWDA S/O NINGEGOWDA, AGED ABOUT 70 YEARS. 10. K.R. NINGARAJ S/O K.R. RANGAPPA, AGED ABOUT 56 YEARS. 11. K.H. KUMARA S/O K.H. HANUME GOWDA, AGED ABOUT 56 YEARS. 12. JAYARAMAPPA S/O VYKUNTAIAH, AGED ABOUT 58 YEARS. 13. PUTTAPPA S/O HAKKI CHALUVAIAH KADAIAH, AGED ABOUT 75 YEARS. 14. SHARADA D/O K.S. SHIVALINGA AGED ABOUT 54 YEARS. 15. K.R. LAKKE GOWDA S/O RANGEGOWDA, AGED ABOUT 52 YEARS. - 3 -
HC-KAR NC: 2025:KHC:24065 WP NO.10189 OF 2025
16. NANJUNDE GOWDA S/O RANGE GOWDA, AGED ABOUT 55 YEARS. RESPONDENTS 5 TO 16 ARE R/O KADAHEMMIGEPURE, KIKKERI HOBLI, K.R. PET TALUK, MANDYA DISTRICT - 571 435. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 23RD MARCH, 2023 GIVEN TO THE RESPONDNET NO.1-DEPUTY COMMISSIONER VIDE ANNEXURE-Q, REPRESENTION DATED 23RD MARCH, 2023 GIVEN TO THE RESPONDENT NO.2-ASSISTANT COMMISSIONER VIDE ANNEXURE-Q1, REPRESENATION GIVEN TO THE ASSISTANT DIRECTOR OF LAND RECORDS, MANDYA VIDE ANNEXURE-Q2 AND REPRESENTATION DATED 25TH JULY, 2023 GIVEN TO THE RESPONDENT NO.3-TAHSILDAR VIDE ANNEXURE-R; DIRECT THE RESPONDENTS TO RECONSIDER THE REGULARIZATION APPLICATION FORM-53 DATED 24TH MARCH, 1999 VIDE ANNEXURE-A; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
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HC-KAR NC: 2025:KHC:24065 WP NO.10189 OF 2025
ORAL ORDER
Sri. Siddharth Baburao, learned Additional Government Advocate accepts notice for respondents. 2. In the writ petition, the petitioner is seeking direction to the respondent-Authorities to consider the representations made by the petitioner produced at Annexure- Q series and Annexure-R.
3. Heard Sri. Kaleemullah Shariff, learned counsel appearing for the petitioner and Sri. Siddharth Baburao, learned Additional Government Advocate appearing for respondents 1 to 4. 4. Sri. Siddharth Baburao, learned Additional Government Advocate appearing for respondents 1 to 4 contended that, in the representations produced at Annexure-Q series, the petitioner has sought for direction to the respondent-Authorities not to conduct survey in respect of the land in question. 5. Having heard the learned counsel appearing for the parties and taking into account the factual aspects on record,
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HC-KAR NC: 2025:KHC:24065 WP NO.10189 OF 2025
as the petitioner herein has sought for direction to the respondent-Authorities not to do a public duty, I am of the view that, the said prayer cannot be accepted, since the writ of mandamus would not lie against the statutory authorities to issue direction for not to do a public duty. In that view of the matter, I do not find any merit in the writ petition. Accordingly, writ petition is dismissed. SD/- (E.S. INDIRESH) JUDGE
ARK List No.: 1 Sl No.: 21