- 1 - NC: 2025:KHC-D:5746 WP No. 101493 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 101493 OF 2025 (KLR-LG) BETWEEN: DRKSHAYANI W/O. CHANDRASHEKAR SHETTAR, AGE. 75 YEARS, OCC. HOUSEHOLD WORK, R/O REGAL CIRCLE KONDAWAD ONI DHARWAD DIST. DHARWAD-580003. …PETITIONER (BY SRI. K. ANANDKUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPT BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001 2. UNDE SECRETARY TO GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT (LAND GRANTS-3) VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 3. THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-580001. 4. THE ASSISTANT COMMISSIONER, DHARWAD. DIST. DHARWAD-580001. 5. ASSISTANT DIRECTOR CITY SURVEY DEPARTMENT DHARWAD, DIST. DHARWAD-580001. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5746 WP No. 101493 of 2025 6. THE TAHSILDAR DHARWAD DIST. DHARWAD-580001 …RESPONDENTS (BY SRI. T. HANUMAREDDY, LEARNED ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE. A) A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT, DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATIONS MADE BY THE PETITIONERS ON 10-12-2013, 22-08-2017 AND 19-12- 2022 THE COPIES OF WHICH ARE BEEN PRODUCED HEREWITH AT F, F1, AND F2 TO EXECUTE THE SALE DEED IN FAVOUR OF THE PETITIONER AS PER TERMS REFERRED IN ANNEXURE-D. B) ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THAT PORTION OF THE ORDER PASSED BY THE RESPONDENT NO.2 DATED 17-07-2023 IN NO.KAME 53 L G D 2023 VIDE ANNEXURE-J RELATING TO THE DEMAND OF THE INTEREST PAY FROM THE DATE OF ALLOTMENT TO TILL DATE, HOLDING THE SAME AS AGAINST THE KARNATAKA GRANT RULES 1969. C) ANY OTHER WRIT OR DIRECTION WHICH THIS HONOURABLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE MAY KINDLY BE GRANTED IN FAVOUR OF THE PETITIONER ALONG WITH THE COST OF THIS PETITION IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:5746 WP No. 101493 of 2025 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER Petitioner has approached this Court seeking issuance of writ in the nature of Mandamus directing respondent No.3 to consider the representations made by the petitioner on 10/12/2013 and 22.10.2022, the copies of which are produced as per Annexures-F, F1 and F2, and to execute the sale deed in favour of the petitioner as per the terms referred to in Annexure-D, and to quash that portion of the order passed by respondent No.2 - the Under Secretary to the Government of Karnataka, Revenue Department, dated 17.7.2023, produced as per Annexure-J, relating to demand for interest from the date of allotment, till the date of payment of land value. 2. Heard *Sri. K. Anand Kumar, learned counsel for the petitioner and Sri.T.Hanumareddy, learned Additional Government Advocate for respondents. Perused the materials on record. *corrected vide court Order dated 09.04.2025 Sd/- MGUJ - 4 - NC: 2025:KHC-D:5746 WP No. 101493 of 2025 3. It is the contention of the petitioner that she was in possession and occupation of the land in question, since 1937. She sought for grant of Government land. Her request was considered, and an order was passed to grant the land in favour of the petitioner for a consideration of ₹350/- per square feet. It is stated that such an order was passed on 22/01/2004. The land in question is admittedly situated at a prime location in the heart of Dharwad city. But, said nominal amount of ₹350/- per square feet was also not paid by the petitioner till 22.01.2024. It was only on 22.01.2024 that the petitioner has paid the value of the land, that is ₹16,00,900/-. Now it is the contention of the petitioner that her representations made to the respondent No.3 as per Annexures- F, F1 and F2, are not considered and a mandamus is to be issued to respondent No.3 to consider the same. Annexure-J which is also challenged here is dated 17.7.2023. The said order communicated to the petitioner was passed after considering the representations filed by the petitioner and therefore, the petitioner is not entitled for issuance of writ in the nature of mandamus. - 5 - NC: 2025:KHC-D:5746 WP No. 101493 of 2025 4. The second contention raised by the petitioner is that, the direction given to the petitioner by respondent No.2 while issuing Annexure-J, to pay interest on the land value from the date of grant, till payment of the land value, is to be quashed. I do not find any justification for quashing the order as admittedly, the petitioner was in possession of the land in question since from the date of grant. Even though the grant was made on 22/1/2004, the undisputed amount was paid only on 22.01.2024. Now the petitioner is seeking to waive of the interest. The same cannot be permitted without any valid reasons. I do not find any valid reason to accept the contention of the petitioner. Hence, I proceed to pass the following: ORDER The petition is dismissed. Sd/- (M.G.UMA) JUDGE VB/List No.: 2 Sl No.: 12 - 6 - NC: 2025:KHC-D:5746 WP No. 101493 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [DRKSHAYANI W/O CHANDRASHEKAR SHETTAR VS. THE STATE OF KARNATAKA AND OTHERS] 09.04.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER Heard learned counsel for the petitioner on ‘memo for being spoken to’. Learned counsel for the petitioner submits that there is typographical error crept in page No.3 at para No.2 of the order, instead of ‘Sri.K.Anandkumar’, name of ‘Smt.Pallavi Pachachapure’ is wrongly mentioned. Office is directed to make necessary corrections in the order and to issue fresh certified copy of the order. Sd/- ( M.G.UMA) JUDGE Vb/- List No.: 1 Sl No.: 1