VENKOBA S/O THIMAPPA DASAR v. THE STATE OF KARNATAKA
WP/66257/2012 · 2025-03-06
M G Uma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2722 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2722 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:4342 WP No. 66257 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MRS JUSTICE M.G.UMA
WRIT PETITION NO.66257 OF 2012 (LR-)
BETWEEN:
SHRI. VENKOBA S/O. THIMAPPA DASAR, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. DAMMUR, TQ. & DT: BELLARY. …PETITIONER (BY SRI. SABEEL AHMED, ADVOCATE FOR SRI. A. S. PATIL, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA R/BY ITS SECRETARY, TO THE DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE.
2.
THE LAND TRIBUNAL, BELLARY, REPRESENTED BY ITS CHAIRMAN.
3.
THE TAHASILDAR, BELLARY.
4.
SRI. ANJANEYA SWAMI TEMPLE, DAMMUR, TQ & DT: BELLARY, REPRESENTED BY ITS PRIEST. …RESPONDENTS (BY SRI. T.HANUMAREDDY. AGA FOR R1 TO R3;
NOTICE TO R4 – SERVED)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION QUASHING THE IMPUGNED ENDORSEMENT DATED 30.07.2011 ISSUED BY THE RESPONDENT NO.3 IN NO.KAM.BHUSA:115/2011-12 AS PER ANNEXURE-C AND SUCH OTHER RELIEFS.
V N BADIGER HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD
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NC: 2025:KHC-D:4342 WP No. 66257 of 2012
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM:
THE HON'BLE MRS JUSTICE M.G.UMA
ORAL ORDER
The petitioner has approached this Court seeking for the following reliefs: a. Issue writ of certiorari or any other order or direction quashing the impugned endorsement dated 30.07.2011 issued by Respondent No.3 in No.KAM.BHUSA:115/2011-12 as per Annexure-C. b. Writ of Mandamus or any other order of direction directing respondents Nos.2 and 3 to pass appropriate orders on the application filed by the petitioner in Form No.I, Annexure-A and to grant occupancy rights of the land in question in his favour.
2. Heard Sri Sabeel Ahmed, learned counsel for the petitioner, and Sri T. Hanumareddy, learned AGA for respondent Nos.1 to 3. Perused the materials on record.
3. The only contention raised by the learned counsel for the petitioner is that, Form No.I was filed before the Tahasildar, Ballari Taluk, seeking confirmation of occupancy right in respect of the land under the Inam Abolition Act. The said application was rejected by the
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NC: 2025:KHC-D:4342 WP No. 66257 of 2012
Tahasildar, as per impugned endorsement dated 30.07.2011 produced as per Annexure-C, solely on the ground that, the application was not filed within time and therefore it is not considered.
4.
Learned counsel has produced copy of the Circular dated 09.07.1999, issued by Government of Karnataka through the Under Secretary to the Government, Department of Revenue (Land Reforms). As per the Circular, the time for calling Form No.1 was extended till 30.06.1999. It is stated that the petitioner had filed Form No.1 on 02.03.1999. Therefore the application was well within time from the extended time under the Circular.
5. Having considered the impugned endorsement produced as per Annexure-C, the only ground to reject From No.I was that, the application was not within the time. Under such circumstances, I am of the opinion that, the impugned endorsement is to be quashed and the matter is to be remanded back to the Tahasildar, Ballari
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NC: 2025:KHC-D:4342 WP No. 66257 of 2012
for fresh consideration of From No.I, filed by the petitioner in accordance with law. Accordingly, I proceed to pass the following:
ORDER i. Petition is allowed. ii. Impugned endorsement dated 30.07.2011 Annexure-C issued by respondent no.3 is quashed and is remanded back to respondent No.2 for fresh consideration of Form No.I filed by the petitioner in accordance with law within four months from the date of receipt of this order.
Sd/- (M.G.UMA) JUDGE
EM CT:ANB List No.: 2 Sl No.: 6