Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:10757 WP No. 105611 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 105611 OF 2025 (KLR-RES) BETWEEN:
1.
NARAYANA BOMMAYYA NAYAK S/O. BOMMAYYA RAMA NAYAK, AGED ABOUT 75 YEARS,
2.
PRAMOD VENKANNA NAYAK S/O. VENKANNA RAMA NAYAK, AGED ABOUT 55 YEARS,
3.
VITTALA NARAYANA NAYAK S/O. VENKANNA RAMA NAYAK, AGED ABOUT 78 YEARS,
4.
JANARDHAN DEVANNA NAYAK S/O. DEVANNA NAYAK, AGED ABOUT 66 YEARS,
PETITIONERS NO.1 TO 4 ARE ALL AGRICULTURISTS, R/O. VASAR, KUDRIGE, ANKOLA TALUK, UTTARA KANNADA DISTRICT, PIN CODE-581357. …PETITIONERS (BY SRI. R.G. HEGDE, ADVOCATE)
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:10757 WP No. 105611 of 2025
AND:
1.
THE STATE OF KARNATAKA BY ITS SECRETARY TO DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001.
2.
THE DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT, KARWAR-581301.
3.
THE TAHASILDAR ANKOLA TALUK, ANKOLA-581314, UTTARA KANNADA DISTRICT. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND DIRECT THE 2ND RESPONDENT TO CONSIDER THE REPRESENTATION OF THE PETITIONERS VIDE ANNEXURE-A TO D DATED 23.03.2022 AND DIRECT THE 3RD RESPONDENT TO RESTORE THE NAMES OF THE FATHER OF THE PETITIONERS IN THE CULTIVATORS COLUMN OF THE RECORD OF RIGHTS IN RESPECT OF THE LAND GRANTED TO THEM BY THE ISSUE OF WRIT OF MANDAMUS SUCH OTHER WRIT,
ORDER OR DIRECTION AS IN THE CIRCUMSTANCES THIS HON BLE COURT DEEMS FIT AND ALLOW THIS WRIT PETITION IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:10757 WP No. 105611 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned A.G.A. accepts notice for Respondents Nos. 1 to 3.
2. The petitioners are before this Court seeking for the following reliefs: To call for the records and direct the 2nd Respondent to consider the representation of the Petitioners vide Annexure-A to D dated 23.03.2022 and direct the 3rd Respondent to restore the names of the father of the Petitioners in the cultivators column of the Record of Rights in respect of the land granted to them by the issue of writ of Mandamus such other writ, order or direction as in the circumstances this Hon’ble Court deems fit and allow this writ petition in the interest of justice.
3. The grievance of the petitioners are that the name of the petitioners’ father, as recorded in the record of rights, has been deleted without any prior notice. Despite submitting representations for the restoration of the name, no action has been taken on these representations.
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HC-KAR NC: 2025:KHC-D:10757 WP No. 105611 of 2025
4. Whenever any representation is submitted by a citizen to an authority, it is the duty of the respondent/authority to consider the same in accordance with the law, either accepting or rejecting the request, and to pass an order within a reasonable
time, if an order of rejection is passed, the same would necessarily be accompanied with reasons. Since the authorities have failed to do so, I pass the following:
ORDER (i) The writ petition is allowed. (ii) Respondents are directed to consider representations of the petitioners produced at Annexures A to D and pass necessary orders within a period of eight weeks from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE Vb/ Ct:pa List No.: 1 Sl No.: 5