- 1 - NC: 2025:KHC-D:2164 WP No. 100725 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100725 OF 2025 (ULC) BETWEEN: 1. SMT. MEENAKSHI N. GODACHI, W/O. LATE NANDIKESHWAR, AGED ABOUT 62 YEARS, OCC: HOUSEHOLD WORK, R/O: H. NO.15, HEBBALLI BADAVANE, VIDYANAGAR, RAJIV NAGAR, HUBLI ENGINEERING COLLEGE, HUBBALLI – 580 031. 2. SRI NAGARAJ N. GODACHI, W/O. LATE NANDIKESHWAR, AGED ABOUT 42 YEARS, OCC: BUSINESS, R/O: H. NO.15, HEBBALLI BADAVANE, VIDYANAGAR, RAJIV NAGAR, HUBLI ENGINEERING COLLEGE, HUBBALLI – 580 031. 3. SRI IRANNA N. GODACHI, W/O. LATE NANDIKESHWAR, AGED ABOUT 36 YEARS, OCC: BUSINESS, R/O: H. NO.15, HEBBALLI BADAVANE, VIDYANAGAR, RAJIV NAGAR, HUBLI ENGINEERING COLLEGE, HUBBALLI – 580 031. …PETITIONERS (BY SRI. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE) GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2164 WP No. 100725 of 2025 AND: 1. STATE OF KARNATAKA, R/BY ITS CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASASOUDHA, 4TH FLOOR, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, DHARWAD – 580 001. 3. THE ASST. COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, DHARWAD – 580 001. 4. THE TAHSILDAR, HUBBALLI CITY, HUBBALLI – 580 020. …RESPONDENTS (BY SRI. V. S. KALASURMATH, AGA FOR R1 TO R4) -- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF MANDAMUS OR SUCH OTHER APPROPRIATE OR ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO TAKEOUT /DELETE THE SHARA FROM COLUMN NO.11 OF RTC AND FROM ALL OTHER REVENUE RECORDS BY CONSIDERING THE APPLICATION/ REPRESENTATION DATED 05/06/2020 VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THERIEN AS UNDER: - 3 - NC: 2025:KHC-D:2164 WP No. 100725 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents Nos.1 to 4. 2. The petitioners are before this Court seeking the following reliefs: A. Issue a Writ of Mandamus or such other appropriate or Order or Direction, Directing the respondents to takeout /delete the ‘shara’ from Column No. 11 of RTC and from all other revenue records by considering the application/ representation dated 05/06/2020 vide Annexure- E, in the interest of justice and equity. B. Pass such any other orders as deemed fit by this Hon’ble court under the facts and circumstances of the case, in the interest of justice and equity. 3. The contention of the petitioners is that, the land of the petitioners’ forefather was earlier numbered as Survey No.17/3, which came to be renumbered as Survey No.152/B and now the petitioners are in possession of R.S.No.152/3A/2, measuring 2 acres 2 guntas of land situated at Gabbar Village, Hubballi. - 4 - NC: 2025:KHC-D:2164 WP No. 100725 of 2025 4. The submission of the learned counsel for the petitioners is that, though certain conditions were imposed in the grant made on 20.01.1978 at Annexure-B, now with the repeal of the Urban Land (Ceiling and Regulation) Act, 1976, those conditions are non-est and cannot be implemented. As such, the petitioners had submitted a representation to the respondent No.2 on 05.06.2020 vide Annexure-E, which is yet to be considered. 5. Whenever any representation is submitted by a citizen to any authority, the same is required to be considered and necessary orders to be passed thereon within a reasonable period of time, either accepting or rejecting the representation. Needless to say, if an order of rejection is passed, it should be accompanied by reasons. In the present case, neither having been done, I pass the following: - 5 - NC: 2025:KHC-D:2164 WP No. 100725 of 2025 ORDER i. The petition is allowed. ii. Mandamus is issued, directing Respondent No.2 to consider the representation of the petitioner, dated 05.06.2020 at Annexure-E, more particularly in view of the repeal of the Urban Land (Ceiling and Regulation) Act, 1976, and pass appropriate orders within 30 days from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-ASC List No.: 1 Sl No.: 37