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2025 DAILYLAW 35000 (KAR)

MRS. FLOSSY MENEZES v. STATE OF KARNATAKA

WP/31964/2024 · 2025-07-01

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23294 WP NO.31964 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.31964 OF 2024 (KLR-RR/SUR) BETWEEN: 1. MRS. FLOSSY MENEZES W/O LATE PAUL MENEZES, AGED ABOUT 79 YEARS. 2. MR. ANAND MELWYN MENEZES S/O LATE PAUL MENEZES, AGED ABOUT 52 YEARS. 3. MR. LANCY MOHAN MENEZES S/O LATE PAUL MENEZES, AGED ABOUT 54 YEARS. ALL ARE RESIDING AT: FLAT NO.11, GARDEN MANAR, DEREBAIL, MANGALURU - 575 006. REPRESENTED BY THEIR G.P.A HOLDER, MR. JOHN D. SOUZA, AGED ABOUT 50 YEARS. …PETITIONERS (BY SRI. UDAYA PRAKASH M., ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23294 WP NO.31964 OF 2024 2. DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT, MANGALURU - 575 001. 3. TAHSILDAR MANGALURU TALUK, DAKSHINA KANNADA DISTRICT - 575 001. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO REMOVE THE ENTRY OF GOCHARAVU FROM SURVEY NO.278/2 MEASURING 5.02 ACRES SITUATED AT PALLADKA VILLAGE, MOODABIDRI TALUK, DAKSHINA KANNADA DISTRICT IN FURTHERANCE OF THE REPRESENTATION DATED 23RD AUGUST, 2024 VIDE ANNEXURE-A; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER Smt. Navya Shekhar, learned Additional Government Advocate accepts notice for respondents. 2. In this writ petition, petitioners are seeking direction to the respondents to remove the entry of 'Gocharavu' in Survey No.278/2 measuring to an extent of - 3 - HC-KAR NC: 2025:KHC:23294 WP NO.31964 OF 2024 5.02 acres at Palladka Village, Moodabidri Taluk, Dakshina Kannada District by considering the representation dated 23rd August, 2024 (Annexure-A). 3. Heard Sri. Udaya Prakash M., learned counsel appearing for petitioners and Smt. Navya Shekhar, learned Additional Government Advocate appearing for respondents. 4. Sri. Udaya Prakash M., learned counsel appearing for petitioners invited the attention of the Court to order dated 12th February, 2024 (Annexure-J), wherein the appeal preferred by the petitioners in Case No.C.DIS:R.R.T.(2)SR:784/2023 came to be allowed and the matter got remitted to the respondent No.3-Tahsildar to consider the case of the petitioners afresh. 5. In that view of the matter, as the matter has been remitted to the respondent No.3-Tahsildar to take decision in the matter, the respondent No.3-Tahsildar is directed to consider the representation of the petitioners dated 23rd August, 2024 (Annexure-A) in the light of observation made by the Assistant Commissioner, Mangaluru - 4 - HC-KAR NC: 2025:KHC:23294 WP NO.31964 OF 2024 Sub-Division in Case No. C.DIS:R.R.T.(2)SR:784/2023 (Annexure-J), within an outer limit of three months from the date of receipt of this order. With this observation, writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 31