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2025 DAILYLAW 33477 (KAR)

SRI BYRAIAH v. THE STATE OF KARNATAKA

WP/27454/2024 · 2025-02-05

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:5172 WP No. 27454 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.27454 OF 2024 (KLR-RES) BETWEEN: SRI.BYRAIAH S/O LATE MARIJOGAIAH AGED ABOUT 81 YEARS R/OF MAACHANAHALLI VILLAGE SOMPURA HOBALI NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562123. …PETITIONER (BY SRI. VENKATESH C R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING DR.AMBEDKAR VEEDHI BENGALURU-560001 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA BENGALURU RURAL DISTRICT-561 205 3. THE TAHSILDAR NELAMANGALA TALUK Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5172 WP No. 27454 of 2024 NELAMANGALA BENGALURU RURAL DISTRICT-562 123. …RESPONDENTS (BY SRI.MANJUNATHA K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO ISSUE GRANT CERTIFICATE/SAGUVALI CHIT BY ACCEPTING THE REPRESENTATION VIDE ANNEXURE-J DTD 08.01.2024 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 In the captioned writ petition, the petitioner is seeking mandamus to direct respondent No.3 - Tahasildar to issue Saguvali Chit acting upon the recommendation made by the Land Grant Committee evidenced at Annexure-D. This recommendation made by respondent No.2 - Assistant Commissioner is affirmed by the Special Deputy Commissioner, which is evidenced at Annexure-E. 2. Heard learned counsel for the petitioner and learned HCGP. - 3 - NC: 2025:KHC:5172 WP No. 27454 of 2024 3. The Learned High Court Government Pleader (HCGP), upon instructions, submits that since the grant in question dates back to the year 1984, it is imperative to obtain and verify the original records before passing any appropriate orders on the representation submitted by the petitioner. The responsibility to act upon the grant, as evidenced in Annexure-D, primarily rests with Respondent No.3 – the Tahsildar, who is required to take necessary steps based on the grant made by Respondent No.2 – the Assistant Commissioner. Furthermore, this grant was endorsed through the recommendation of the Special Deputy Commissioner, as reflected in the Official Memorandum dated 05.03.1984. Given these circumstances, the case warrants the issuance of a writ of mandamus, directing the concerned authorities to act in accordance with the law and ensure due compliance with the procedural requirements. 4. For the foregoing reasons, this Court proceeds to pass the following; - 4 - NC: 2025:KHC:5172 WP No. 27454 of 2024 ORDER (i) The writ petition is allowed. (ii) Respondent No.3 - Tahasildar shall take note of the Official Memorandum evidenced at Annexures-D, E and F and proceed to pass appropriate orders in accordance with law. (iii) This exercise shall be accomplished within a period of two months from the date of receipt of order copy. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 8