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2025 DAILYLAW 38334 (KAR)

SHRI GANESH S/O KHIMAPPA LAMANI v. STATE OF KARNATAKA

WP/106803/2025 · 2025-09-24

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13055 WP No. 106803 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106803 OF 2025 (KLR-RES) BETWEEN: 1. SHRI GANESH S/O. KHIMAPPA LAMANI, AGE: 49 YEARS, OCC. AGRICULTURE, R/O. KABBUR VILLAGE, TALUK: HAVERI, DISTRICT: HAVERI, PIN-581110. 2. SHRI GANGEVVA W/O. GOPANNA LAMANI, AGE: 59 YEARS, OCC. AGRICULTURE, R/O. KABBUR VILLAGE, TALUK: HAVERI, DISTRICT: HAVERI, PIN-581110. …PETITIONERS (BY SRI. M.R. HIREMATHAD AND SRI. PRAKASH BADIGER, ADVOCATES) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER HAVERI DISTRICT, HAVERI-581110. 3. THE ASSISTANT COMMISSIONER HAVERI TALUK, HAVERI DISTRICT, HAVERI-581110. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13055 WP No. 106803 of 2025 4. THE TAHASHILDAR OFFICE AT HAVERI, TALUK: HAVERI, DISTRICT: HAVERI-581110. 5. THE CHAIRMAN LAND REGULARIZATION COMMITTEE, TALUK: HAVERI, DISTRICT: HAVERI-581110. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTION TO THE RESPONDENTS RESPONDENT NO. 4 AND 5 TO CONSIDER THE PETITIONERS FORM NO. 53 APPLICATIONS DATED. 14-09-2025 VIDE ANNEXURE-B AND B1 FOR REGULARIZATION OF LAND BEARING SY NO. 216 OF KABBOORU VILLAGE, HAVERI TALUK AND DISTRICT, AND TO PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW, WITHIN A STIPULATED TIME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THERIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 5. 2. The petitioners are before this Court seeking for the following reliefs: “Issue a writ of mandamus direction to the respondents respondent No.4 and 5 to consider - 3 - HC-KAR NC: 2025:KHC-D:13055 WP No. 106803 of 2025 the petitioners’ Form No.53 applications dated 14-09-2025 vide Annexure-B and B1 for regularization of land bearing Sy.No.216 of Kabbooru Village, Haveri Taluk and District, and to pass appropriate orders in accordance with law, within a stipulated time.” 3. The grievance of the petitioners is that the application in Form No.53 filed by the petitioners on 14.09.2005 at Annexure-B for regularization of their unauthorised possession of Survey No.216 of Kabbooru Village, Haveri Taluk and District and the subsequent representation submitted by the petitioner on 14.09.2005 at Annexure-B1 have not been considered. 4. Whenever any application is filed by a citizen to a particular authority, the said authority is required to pass necessary orders on the same, either accepting or rejecting it, within a reasonable period of time. Neither having been done in the present case, I pass the following: - 4 - HC-KAR NC: 2025:KHC-D:13055 WP No. 106803 of 2025 ORDER i. Writ Petition is allowed. ii. A writ of mandamus is issued, directing the respondents to consider the representations dated 14.09.2005 at Annexures-B and B1 submitted by the petitioners, within a period of eight weeks from today. Sd/- (SURAJ GOVINDARAJ) JUDGE Sh Ct:pa List No.: 1 Sl No.: 26