Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:105 WP No. 20232 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.20232 OF 2024 (LR)
BETWEEN:
SRI S.NARAYANASWAMY S/O LATE SHYAMANNA AGED 63 YEARS RESIDENT OF NAGADENAHALLI VILLAGE KASABA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT - 562110
…PETITIONER (BY SRI. G CHANDRASHEKHARAIAH, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHAN SOUDHA BENGALURU -560001
2.
THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BENGALURU - 562110
3.
THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDBALLAPURA - 562110
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:105 WP No. 20232 of 2024
4.
THE THASILDAR DODDABALLAPURA TALUK DODDABALLAPURA - 562110
…RESPONDENTS (BY SMT.WAHEEDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.3 AND 4 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DIRECTING THEM TO ISSUE CERTIFIED COPY OF THE GRANT ORDER DTD 23.09.1982 IN RESPECT OF SY. NO.42 MEASURING 20 GUNTAS OF NAGADENAHALLI VILLAGE KASABA HOBLI DODDABALLAPURA TALUK PASSED IN CASE NO.622/1981 BY THE SPL DEPUTY COMMISSIONER AND CONFIRMED THE OCCUPANCY RIGHTS BY THE LAND TRIBUNAL DODDABALLPURA PASSED IN NO.LRF/INA 83-84 23.09.1982 AS PER ANNX-F AND G DTD. 20.05.2024 GIVEN TO R-3 AND 4 RESPECTIVELY AND ETC.
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
The captioned writ petition is filed seeking mandamus against respondent Nos.3 and 4 to consider the petitioner's request made under the representation and issue a certified copy of the Grant order dated 23.09.1982
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NC: 2025:KHC:105 WP No. 20232 of 2024
in respect of the land bearing Sy. No.42 to an extent of 20 guntas in favour of the petitioner's father. The petitioner is aggrieved by inaction on the part of the respondents in not issuing the certified copy of the Grant Order.
2. Heard learned counsel for the petitioner and learned AGA appearing for the respondents.
3. The petitioner to, prima-facie, demonstrate that there is a grant made by the Deputy Commissioner under the provisions of the Inams Act and further to substantiate that this petition land was Inam Land and the same was granted to the petitioner's father to an extent of 20 guntas is placing reliance on the Land Tribunal order, which is evidenced at Annexure-E.
4. Having heard the learned counsels to the writ petition and after taking cognizance of the Land Tribunal
Order evidenced at Annexure-E, this Court is of the view that the petitioner, at this juncture, is able to substantiate that the petition land was admittedly an Inam Land and
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NC: 2025:KHC:105 WP No. 20232 of 2024
20 guntas was granted by the Special Deputy Commissioner under the provisions of the Inams Act vide
order dated 23.09.1982. The petitioner needs certified copy of the Grant Order as the petition land is likely to be subjected to acquisition and therefore, a representation is submitted to respondent Nos.3 and 4 to issue a certified copy of the grant order.
5. Having closely reviewed the writ papers, this Court is of the view that the petitioner has a legal right to seek direction at the hands of this Court. Respondent Nos.3 and 4 are equally obligated to consider the petitioner's representation and issue certified copy of the grant order dated 23.09.1982 after verifying the records. Since there is lack of diligence on the part of the Authority, this Court deems it fit to issue appropriate mandamus to the respondents.
6. For the foregoing reasons, this Court proceeds to pass the following;
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NC: 2025:KHC:105 WP No. 20232 of 2024
ORDER (i) The writ petition is allowed. (ii) Respondent Nos.3 and 4 are hereby directed to consider the petitioner's representation and issue certified copy of the grant order dated 23.09.1982 after verifying the records. (iii) This exercise shall be accomplished by respondent Nos.3 and 4 within a period of three months. (iv) While verifying the records, respondent Nos.3 and 4 shall also take cognizance of the order passed by the Land Tribunal evidenced at Annexure-E.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 26