- 1 - NC: 2025:KHC:4716 WP No. 32634 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.32634 OF 2024 (KLR-LG) BETWEEN: SMT. JANAKI W/O.. NANJAPPA AGED ABOUT 54 YEARS R/AT. HAROHALLI VILLAGE KATHIMALLANAHALLI POST ARAKALAGUDU TALUK 573102 HASSAN DISTRICT …PETITIONER (BY SRI. SHANTAKUMAR K C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST M S BUILDING, AMBEDKAR VEEDI BANGALORE - 560001 2. DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN - 573 201 3. ASSISTANT COMMISSIONER SAKLESHPURA SUB-DIVISION SAKLESHPURA - 573 134 4. TAHSILDAR ARAKALAGUDU TALUK ARAKALAGUDU - 573102 HASSAN DISTRICT …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4716 WP No. 32634 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 4 TO CONSIDER THE PETITIONER REPRESENTATION DTD 13.02.2024 AND 14.02.2024 VIDE ANNEXURE-E AND F 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 A helpless mother of an Ex-service man who died in a combat operation is compelled to knock the doors of writ Court alleging inaction on the part of 4th respondent - Tahsildar in not considering the representations submitted by her dated 13.02.2024 and 14.02.2024. 2. The petitioner's son died in a military operation. In terms of Rule 8 of Land Grant Rules, 1969, the petitioner as a mother being dependent, is entitled for grant of land under Ex- Servicemen quota. The petitioner also asserts that she is already in possession of land unauthorisedly in Sy.No.55 measuring 04 acres in Harohalli Village, Arakalagudu Taluk. 3. Upon careful consideration of the facts and circumstances of the case, it is evident that the 4th respondent has displayed insensitivity in failing to process the petitioner’s - 3 - NC: 2025:KHC:4716 WP No. 32634 of 2024 application in a timely manner. Given the gravity of the matter, where the petitioner seeks the benefit of a grant under the Ex- Servicemen quota due to the loss of her son in a combat operation, it was incumbent upon the 4th respondent to act with due diligence and fairness. The petitioner had submitted representations dated 13.02.2024 and 14.02.2024, seeking appropriate relief. The 4th respondent, being a statutory authority, is under a bounden duty to consider such representations in accordance with the relevant rules and regulations governing the grant of benefits under the Ex- Servicemen quota. If the petitioner fulfills the eligibility criteria prescribed under the applicable laws, the 4th respondent is legally obligated to process and decide upon her application in a just, fair, and expeditious manner. The failure to do so amounts to an unjustified denial of her statutory rights and an undue delay in the administration of justice. 4. In response to the concerns raised before this Court, the Learned High Court Government Pleader (HCGP) has made an assurance that the petitioner's representations will be duly considered in strict accordance with the law. It has been further assured that the 4th respondent – the Tahsildar will - 4 - NC: 2025:KHC:4716 WP No. 32634 of 2024 take prompt and necessary action in deciding upon the petitioner’s claim, ensuring that appropriate orders are passed without any further delay. The Court, therefore, directs the 4th respondent to expedite the consideration of the pending representations and issue a reasoned order within a reasonable time frame, in compliance with the legal mandate governing such cases. 5. Recording the assurance of learned HCGP, this Court passes the following: ORDER (i) The writ petition is allowed. (ii) Respondent Nos.2 and 4 are hereby directed to forthwith consider the petitioner's representations strictly adhering to the rules relating to grant of land to a widow or a dependant/soldier who has died in a combat operation. (ii) This exercise shall be accomplished within a period of two months from the date of receipt of a copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE HJ/List No.: 1 Sl No.: 29