Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:6224 WP No. 106530 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 106530 OF 2024 (KLR-RES) BETWEEN:
GOURAMMA D/O. HULIGEMMA, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: HULUVATTI VILLAGE, TQ: H.B.HALLI, DIST: VIJAYANAGARA – 583201. …PETITIONER (BY SHRI. B.C.JNANAYYA SWAMI AND SHRI. BASAVARAJ N. PATIL, ADVOCATES)
AND:
1.
THE TAHASILDAR TALUK OFFICE H B HALLI DIST: VIJAYANAGARA – 583201.
2.
THE ASSISTANT COMMISSIONER A.C.OFFICE SANDUR ROAD, TQ: HOSPETE, DIST: VIJAYANAGARA – 583201.
3.
THE DEPUTY COMMISSIONER, D.C.OFFICE, T B DAM ROAD, TQ: HOSAPETE, DIST: VIJAYANAGARA – 583201. …RESPONDENTS (BY SHRI T. HANUMAREDDY, AGA)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE IN THE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 05/09/2023 ANNEXURE-B AND DATED 10/06/2024 ANNEXURE-C, AND DIRECT THE RESPONDENTS TO MUTATE THE NAME OF THE PETITIONER IN THE REVENUE RECORDS PURSUANT TO THE FINAL DECREE IN FDP NO.3/2017, AND CONSEQUENTLY ALLOW THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD
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NC: 2025:KHC-D:6224 WP No. 106530 of 2024
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM:
THE HON'BLE MRS JUSTICE M.G.UMA
ORAL ORDER
The petitioner has approached this Court seeking issuance of writ in the nature of Mandamus directing the respondents to consider the representations dated 05.09.2023 and 10.06.2024, produced as per Annexures-B and C, and to mutate the name of the petitioner in the revenue records.
2. Heard Sri. B.C.Jnanayya Swami,
learned counsel for the petitioners and Sri.T.Hanumareedy, learned AGA for the respondent Nos.1 to 3.
3. It is the contention of the petitioner that he had filed the suit in O.S.No.173 of 2014 on the file of the learned Civil Judge and JMFC, Hagaribommanahalli seeking partition and separate possession of the suit schedule properties. The said suit came to be decreed
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NC: 2025:KHC-D:6224 WP No. 106530 of 2024
and the petitioner had filed FDP No.3 of 2017 for drawing up of Final Decree. In the meantime, the parties to the suit compromised the matter and accordingly, the Final Decree came to be drawn on 05.11.2022 as per Annexure-A. The petitioner has issued legal notices as per Annexures-B and C, calling upon the respondents to mutate his name in the revenue records as per Annexure-A. In spite of that, there is no response from the respondents. Therefore, the petitioner has approached this Court seeking writ of Mandamus directing the respondents to consider the representation produced as per Annexures-B and C.
4. Learned AGA appearing for the respondent Nos.1 to 3 submits that respondent No.2 - the Assistant Commissioner will consider the representations and do the needful, if reasonable time is granted.
5. In view of the above, I am of the opinion that the petition is liable to be allowed. Accordingly, I proceed to pass the following:
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NC: 2025:KHC-D:6224 WP No. 106530 of 2024
ORDER i) Writ Petition is allowed. ii) Respondent No.2 - the Assistant Commissioner is directed to consider the representations submitted by the petitioner produced as per Annexures-B and C, in accordance with law, within 3 months from the date of communication of this order.
Sd/- (M.G.UMA) JUDGE
EM/VB CT:ANB List No.: 1 Sl No.: 11