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2025 DAILYLAW 31830 (KAR)

SRI P SRINIVAS v. STATE OF KARNATAKA

WP/23387/2024 · 2025-01-29

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:4146 WP No. 23387 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 23387 OF 2024 (KLR-RES) BETWEEN: SRI P SRINIVAS, S/O. KESHANA, AGED ABOUT 52 YEARS, R/AT MOTLUR VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK - 562 101. …PETITIONER (BY SRI PANCHAM R D., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA - 562 101. 3. THE ASSISTANT COMMISSIONER, CHIKKABALLAPURA SUB - DIVISION, CHIKKABALLAPURA - 562 101. 4. THE TAHASILDAR, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA - 562 101. Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:4146 WP No. 23387 of 2024 5. THE SECRETARY, LAND GRANT COMMITTEE FOR REGULARIZATION OF BAGAR HUKUM CULTIVATION, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA - 562 101. …RESPONDENTS (BY SRI B. P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO CONSIDER THE REPRESENTATION DATED 19.02.2024 GIVEN BY THE PETITIONER VIDE ANNX-K. 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 petitioner is aggrieved by the inaction of Land Grant Committee - respondent No.5, in not holding enquiry afresh in view of order passed by the Assistant Commissioner vide Annexure - E, wherein, the earlier order passed by the Land Grant Committee was set aside and the matter is remitted back to respondent No.5 - Committee vide order dated 06.11.2023. 2. The petitioner citing the order of Assistant Commissioner vide Annexure - E, has submitted a detailed representation to respondent No.4 - Tahsildar to hold a fresh enquiry in regard to petitioner's claim of unauthorized - 3 - NC: 2025:KHC:4146 WP No. 23387 of 2024 occupancy over the petition land. Though, the earlier recommendations made by the respondent No.5 - committee is reversed by the Assistant Commissioner, respondent No.5 - Committee is yet to take up the matter for fresh enquiry. Therefore, it is the fit case where mandamus lies. 3. For the forgoing reasons, this Court passes the following: ORDER i) The writ petition is allowed. ii) Respondent No.5 - Committee and respondent No.4 - Thasildar are hereby directed to hold a fresh enquiry strictly adhering to the directions indicated in the Assistant Commissioner's order, more particularly, the operative portions evidenced at Annexure - E. 4. This exercise shall accomplished within a period of three months from the date of receipt of copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE THM/List No.: 1 Sl No.: 3