YASHAVANTH S/O VASUDEV SALUNKE v. THE DEPUTY COMMISSIONER
WP/106609/2024 · 2025-04-01
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44733 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44733 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:5801 WP No. 106609 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 106609 OF 2024 (LA-RES) BETWEEN:
SRI. YASHAVANTH S/O VASUDEV SALUNKE, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/O: VIJAYAPURA ROAD, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOT-587 301.
… PETITIONER (BY SRI. G.I.GACHHINAMATH., ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER, BAGALKOTE DISTRICT, BAGALKOTE-587 101.
2.
THE TAHASILDAR, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOTE-587 301.
3.
THE SPECIAL LAND ACQUISITION OFFICER, UPPER KRISHNA PROJECT, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOTE-587 301.
… RESPONDENTS (BY SMT. KIRTILATA.R.PATIL., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:5801 WP No. 106609 of 2024
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.G.I.Gachchinamath., counsel for the petitioner and Smt.Kirtilata R.Patil., HCGP for the respondents have appeared in person.
2. The captioned Writ Petition is filed seeking following reliefs: a. Quash the impugned endorsement dated Nil-6- 2024-12/28-8-2024 bearing No. LAQ/SR-2/2013-14/571 produced as Annexure-F issued by the Respondent No. 3 by issue of writ of certiorari or any other suitable writ or
order or directions. b. Issue a writ of mandamus to the Respondent No.3 to issue all required clearances, NOC etc., to the Respondents No. 1 and 2 in respect of land bearing R.S. No. 615/1 measuring 0.05 Guntas situated at Jamkhandi village, Tq: Jamkhandi, Dist: Bagalkote. c. Issue a writ of mandamus directing the Respondents No. 1 and 2 to re-enter the name of the petitioner in the Record of Rights and Mutation entries in respect of R.S. No. 615/1 measuring 0.05 Guntas situated at Jamkhandi village, Tq: Jamkhandi, Dist: Bagalkote.
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NC: 2025:KHC-D:5801 WP No. 106609 of 2024
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the writ papers with care.
4. The petitioner is the absolute owner of land bearing R.S.No.615/1 measuring 0.05 guntas situated at Jamkhandi village Jamkhandi Taluk, Bagalkot District. The land was notified for acquisition and accordingly the preliminary and final notifications were issued on 07.01.2014 and 27.01.2015. The petitioner and other similarly situated persons had filed a Writ petition in W.P.No.103076/2015. This Court vide order dated:21.09.2022, allowed the writ petition and quashed the Final Notification and all acquisition proceedings pursuant thereto in respect of the lands of the petitioner. The order attained finality and the Land Acquisition Court directed to send back the amount of Rs.48,49,718/- in deposit to the Government. Thereafter, the petitioner filed a representation to the second respondent to re-enter his name in the record of rights. However, the same was declined by issuing an endorsement. This is untenable. The amount in deposit has already been sent to the Government, hence the request of the
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NC: 2025:KHC-D:5801 WP No. 106609 of 2024
petitioner to re-enter his name in the record of rights must be accorded.
5. The Writ of Certiorari is ordered. The endorsement dated 12/28.08.2024 issued by respondent No.3 vide Annexure-F is quashed. A Mandamus is ordered directing respondents 1 and 2 to re-enter the name of the petitioner in the record of rights and Mutation Entries in respect of R.S.No.615/1 measuring 0.05 guntas situated at Jamkhandi village, Jamkhandi Taluk, Bagalkot District in accordance with the law, within eight weeks from the receipt of certified copy of this order.
6. Resultantly, the Writ Petition is allowed.
Sd/- (JYOTI MULIMANI) JUDGE
MRP,CLK List No.: 1 Sl No.: 65