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2025 DAILYLAW 31948 (KAR)

SRI. M. KANAKARAJA v. THE STATE OF KARNATAKA

WP/23617/2024 · 2025-01-23

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:2928 WP No. 23617 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 23617 OF 2024 (KLR-RES) BETWEEN: SRI. M. KANAKARAJA S/O LATE K. MUNIKRISHNAPPA AGED ABOUT 62 YEARS RESIDING AT HOUSE NO.158, CHIKKA BEGUR, BEGUR POST, BENGALURU SOUTH TALUK KARNATAKA-562068 …PETITIONER (BY SRI. JAYARAJ D.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY REVENUE DEPARTMENT M.S. BUILDNG VIDHANA SOUDHA AMBEDKAR VEEHDI BENGALURU-560001. 2. THE DEPUTY COMMISSIONER BENGALURU SOUTH TALUK KANDAYA BHAVANA, K.G. ROAD BENGALURU-560009. 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH TALUK, KANDAYA BHAVAN, K.G. ROAD BENGALURU-560009. Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:2928 WP No. 23617 of 2024 4. THE SPECIAL TAHSILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVAN, K.G. ROAD, BENGALURU-560009. 5. THE DEPUTY TAHSILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVAN, K.G. ROAD, BENGALURU-560009. 6. SRI. SURESH S/O LATE BASAVAIAH AGED MAJOR RESIDING AT NO.44, 10TH MAIN, 17TH BLOCK PADARAYANAPURA BEGNALURU-560026. 7. SRI. THOMAS ASHOK ISSAC S/O LATE MATHIVE ISSAC AGED MAJOR RESIDING AT NO.34, 6TH MAIN, 4TH BLOCK JAYANAGAR BENGALURU-560011. 8. SMT. VEENA K W/O SRI. A. KARUMBAIAH AGEDMAJOR RESIDING AT NO.66 3RD MAIN, BRUNDAVNA NAGAR CHIKKA ADUGODI POST BENGALURU-560029. 9. SRI. JAYAPRASAD R.B. S/O LATE B.RR RAMANNA AGED MAJOR RESIDING AT NO.9 CHIKKBEGUR GATE SINGANSANDRA VILLAGE HOSUR MAIN ROAD BENGALURU-560068. - 3 - NC: 2025:KHC:2928 WP No. 23617 of 2024 10. SRI NARESH KUMAR JAIN S/O LATE J.R. JAIN AGED MAJOR RESIDING AT JAIN ROAD LANES, NO.37, 1ST FLOOR, 3RD CROSS KALASIPALYA EXTENSION BENGALURU-560002. 11. SRI. SHAM PRASAD S/O LATE J. SHAKAR RAO AGED MAJOR RESIDING AT NO.2662 6TH MAIN, 2ND STAGE KUMARASWAMY LAYOUT, BENGALURU-560078. 12. SRI V. SRINIVAS S/O LATE MUNIVENKATAPPA AGED MAJOR RESIDING AT NO.963 8TH CROSS, 16TH MAIN ROAD, BTM, BENGALURU-560076. 13. SRI. TERUKALLI VARAPRASAD S/O LATE NARASIMHALU AGED MAJOR RESIDING AT NO.1063 15TH MAIN ROAD, 16TH CROSS, BTM 2ND STAGE BENGALURU-560076. 14. SRI JAYARAMAN ALIAS JAYARAMAN REDDY S/O K. SUBRAMANYA REDDY AGED MAJOR RESIDING AT NO.2921/7, 12TH MAIN ROAD, RAJAJINAGAR 2ND STAGE BENGALURU-560010. …RESPONDENTS (BY SMT. B.P.RADHA, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN PROCEEDINGS BEARING NO.RRT/DISPUTE/873/2023 PENDING - 4 - NC: 2025:KHC:2928 WP No. 23617 of 2024 CONSIDERATION BEFORE THE CONCERNED JURISDICTIONAL SPECIAL TAHSILDAR -RESPONDENT NO.4 VIDE ANNEXURE-A AND DIRECT THE CONCERNED JURISDICTIONAL SPECIAL TAHSILDAR- RESPONDENT NO.4 TO CONSIDER THE CLAIMS / OBJECTIONS OF THE RESPECTIVE PARTIES AND DISPOSE OF THE PROCEEDINGS BEARING NO.RRT/DISPUTE/873/2023 VIDE ANNEXURE-A AS EXPEDITIOUSLY AS POSSIBLE BY FIXING A TIME FRAME. 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 This petition is filed to direct the special Tahsildar - respondent No.4 to decide the dispute pending in RTI/ViVad/873/2023, evidenced at Annexure - A. 2. The grievance of the petitioner before this Court is that the dispute is still at the notice stage and the proceedings are conducted at a snail pace, therefore, the petitioner is compelled to knock the doors of the writ Court. 3. Learned Additional Government Advocate on instruction assured this Court that this dispute will be expedited by the authorities, after notifying all the interested parties and appropriate orders will be passed in accordance with law. - 5 - NC: 2025:KHC:2928 WP No. 23617 of 2024 4. Recording assurance by AGA, this Court proceeds to pass the following ORDER I) The writ petition is allowed; ii) Respondent No.4 - Special Tahsildar is hereby directed to decide the dispute in accordance with law, after notifying all the interested parties. 5. This exercise shall be accomplished within a period of four months after service of notice to all the interested parties. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE THM List No.: 1 Sl No.: 16