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2025 DAILYLAW 34424 (KAR)

SRI. JAYARAMAIAH v. STATE OF KARNATAKA

WP/29878/2024 · 2025-02-18

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:7099 WP No. 29878 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 29878 OF 2024 (KLR-RES) BETWEEN: SRI. JAYARAMAIAH, S/O. LATE. CHALUVAPPA, AGED ABOUT 61 YEARS, NO. 13 NEAR WATER TANK, KODIPALYA, HOSUR POST, HOSUR, RAMANAGARA DISTRICT - 562 109. …PETITIONER (BY SMT. GEETHA A, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, DEPUTY COMMISSIONER OFFICE, RAMANAGARA DISTRICT - 562 159. 2. THE TAHASILDAR RAMANAGARA TALUK, RAMANAGARA DISTRICT - 562 159. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7099 WP No. 29878 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R- 3 TO ISSUE SAGUVALICHIT IN RESPECT OF THE LAND IN QUESTION BY CONSIDERING THE REPRESENTATION ON 8.07.2024 GIVEN TO THE R-3 VIDE ANNX-D TO THE WP. 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 petition, the petitioner is seeking a mandamus against respondent No.3/Tahasildar to issue a saguvali chit in respect of the petition land by considering the petitioner's representation dated 08.07.2024. 2. Heard learned counsel for the petitioner and learned HCGP for the respondents. Perused the records. 3. The petitioner's application is considered by the Land Grant Committee and there is a recommendation to regularize the petitioner's unauthorized occupation over the petition land bearing Sy.No.398, measuring 1 acre 18 guntas, situated at Hosur village, Bidadi hobli, - 3 - NC: 2025:KHC:7099 WP No. 29878 of 2024 Ramanagara Taluk, Ramanagara District. The petitioner, based on recommendation, has paid the prescribed premium. 4. Respondent No.3/Tahasildar is obligated to issue either grant certificate or saguvali chit in the prescribed form by collecting the premium from the person who has the benefit of recommendation at the hands of the committee. 5. Learned HCGP, on instruction, submits that respondent No.3/Tahasildar will pass appropriate orders provided some reasonable time is granted. 6. The case on hand clearly reflects complete laxness on the part of respondent No.3/Tahasildar. Once the recommendation is made and the premium is collected from the office of respondent No.3/Tahasildar, respondent No.3/Tahasildar is under a bounden duty to issue either a grant certificate or a saguvali chit. Therefore, this is a fit case where a mandamus lies. - 4 - NC: 2025:KHC:7099 WP No. 29878 of 2024 7. For the foregoing reasons, this Court passes the following: ORDER i. The writ petition is allowed; ii. Respondent No.3/Tahasildar is hereby directed to forthwith issue a certificate of grant or saguvali chit in the prescribed form; 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 HDK List No.: 1 Sl No.: 13 CT: BHK