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2025 DAILYLAW 38231 (KAR)

SRI BARKER SURYANARAYANA S/O BASAPPA v. THE STATE OF KARNATAKA

WP/105661/2025 · 2025-09-12

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11881 WP No. 105661 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105661 OF 2025 (KLR-RES) BETWEEN: SRI. BARKER SURYANARAYANA S/O. BASAPPA, AGED ABOUT 59 YEARS, OCC: AGRICULTURE, RESIDING AT HOUSE NO.641, 2ND WARD, SOMASAMUDRA VILLAGE, KURUGODU TALUK, BALLARI DISTRICT – 583 102. …PETITIONER (BY SRI. VINAYAK S. KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M. S. BUILDING, VIDHANA SOUDHA, BENGALURU 560 001. 2. THE DEPUTY COMMISSIONER BALLARI DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, BALLARI – 583 101. 3. THE ASSISTANT COMMISSIONER, BALLARI SUB DIVISION, BALLARI – 583 101. 4. THE TAHSILDAR, KURUGODU TALUK, KURUGODU, BALLARI DISTRICT – 583 126. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11881 WP No. 105661 of 2025 WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTING THE RESPONDENT NO. 4 (THE TAHSILDAR) TO FORTHWITH, AND GIVE EFFECT TO THE GRANT ORDER AT ANNEXURE-A AND CARRY OUT THE MUTATION OF THE LAND MEASURING 2 ACRES AND 28 CENTS IN SURVEY NO. 500/2 OF SOMASAMUDRA VILLAGE, KURUGODU TALUK, IN THE NAME OF THE PETITIONER. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING TO RESPONDENT NO. 4 TO ISSUE A FRESH AND UPDATED RECORD OF RIGHTS, REFLECTING THE NAME OF THE PETITIONER AS THE OWNER AND OCCUPANT OF THE SAID LAND AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for respondents No.1 to 4. 2. The petitioner is before this Court seeking for the following reliefs: A. Issue a Writ of Mandamus or any other appropriate writ, directing the Respondent No. 4 (The Tahsildar) to forthwith, and give effect to the grant order at Annexure-A and carry out the mutation of the land measuring 2 Acres and 28 Cents in Survey No. 500/2 of Somasamudra Village, Kurugodu Taluk, in the name of the Petitioner. B. Issue a Writ in the nature of Mandamus directing to Respondent No. 4 to issue a fresh and updated record of Rights, reflecting the - 3 - HC-KAR NC: 2025:KHC-D:11881 WP No. 105661 of 2025 name of the Petitioner as the owner and occupant of the said land; C. pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity. 3. The grievance of the petitioner is that though the land bearing Survey No.500/2 (renumbered as Sy.No.500/A) measuring 2 acres 28 guntas situated at Somasamundra Village, Tq:Kurugodu, had been granted in favour of the petitioner vide order dated 25.08.1982, the application which had been submitted by the petitioner for entry of his name in the RTCs has not been considered and no orders have been passed. 4. Whenever any application is filed by a citizen for entry of the name in the RTCs, the same would have to be considered and necessary orders passed within a reasonable period of time either accepting or rejecting the said request. Neither having been done, I pass the following: - 4 - HC-KAR NC: 2025:KHC-D:11881 WP No. 105661 of 2025 ORDER i) Writ petition is allowed. ii) A mandamus is issued directing respondent No.4 to consider the applications submitted by the petitioner at Annexure-C series and pass necessary orders in accordance with law within a period of 4 weeks from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT-ASC List No.: 1 Sl No.: 8