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2025 DAILYLAW 24733 (KAR)

K MAHADEVU v. STATE OF KARNATAKA

WP/34465/2018 · 2025-03-28

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:13320 WP No. 34465 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34465 OF 2018 (LR) BETWEEN: 1. K MAHADEVU S/O LATE KEMPA SHETTY, VARAKODU, VARUNA HOBLI, MYSORE TALUK & DISTRICT-570010. …PETITIONER (BY SRI. K SREEDHAR., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, DR AMBEDKAR VEEDHI, BENGALURU-560 001 2. THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE-570001. 3. THE LAND TRIBUNAL MYSORE TALUK, MYSORE-570004. 4. THE TAHSILDAR AND MUZRAI OFFICER MYSORE TALUK, MYSORE-570005. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13320 WP No. 34465 of 2018 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO CONSIDER THE APPLICATION OF THE PETITIONER FILED BY HIS FATHER FOR GRANT OF OCCUPANCY RIGHTS IN RESPECT OF THE LAND BEARING SY. NO.417 OF VARAKODU VILLAGE AND GRANT OCCUPANCY RIGHTS IN FAVOUR OF THE PETITIONER MARKED AS ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner had made an application in Form-7 seeking conferment of occupancy rights. The Land Tribunal by order dated 09.07.2002 rejected the claim on the ground that the land in question was an inam land and the Tribunal had no jurisdiction. 2. The petitioner thereafter made an application in Form-7A before the Deputy Commissioner. He submitted that though the application was in Form- 7A, the application had been made under the provisions of the Mysore Religious and Charitable Inams Abolition Act, 1955. The Deputy Commissioner, however, issued an endorsement - 3 - NC: 2025:KHC:13320 WP No. 34465 of 2018 stating that he was awaiting instructions from the Government regarding consideration of such applications and therefore, he was disposing of the application. 3. It is the case of the petitioner that thereafter the provisions of Inams Abolition Act had been amended and an opportunity was granted to the petitioner to file a fresh application and accordingly, on 29.12.2022, the petitioner has made an application, a copy of which is produced along with the memo dated 20.02.2024 before this Court. 4. Learned counsel for the petitioner submits that if a direction is issued to the Special Deputy Commissioner to consider the aforesaid application, the grievance of the petitioner would be addressed. 5. In light of the above submission, the Special Deputy Commissioner is directed to consider the application of the petitioner filed on 29.12.2022 as indicated in the memo dated 20.02.2024, as early as possible, at - 4 - NC: 2025:KHC:13320 WP No. 34465 of 2018 any rate, within a period of six months from the date of receipt of a copy of this order. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 48