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2025 DAILYLAW 45940 (KAR)

SRI. ANIL KUMAR M N v. STATE OF KARNATAKA

WP/5341/2025 · 2025-02-24

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:8172 WP No. 5341 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5341 OF 2025 (KLR-RES) BETWEEN: 1. SRI. ANIL KUMAR .M.N S/O. LATE NARASIMHAPPA AGED ABOUT 33 YEARS RESIDING AT MUNTHAKADIRENAHALLI VILLAGE AMBAJIDURGA HOBLI, CHINTAMANI TALUK CHICKBALLAPURA DISTRICT PIN-563 125. …PETITIONER (BY SRI. KRISHNAMOORTHY .D, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING BENGALURU-560 001. 2. THE TAHSILDAR CHINTAMANI TALUK CHINTAMANI-563 125. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8172 WP No. 5341 of 2025 DATED 07.09.2023 AND 29.11.2024 A COPY OF WHICH IS PRODUCED AT ANNEXURE-G AND H AND ISSUE SAGUVALI CHIT IN RESPECT OF LAND MEASURING 1 ACRE 28 GUNTAS IN SY. NO. 21 OF MUNTHAKADIRENAHALLI VILLAGE, AMAJIDURGA HOBLI, CHINTAMANI TALUK, CHICKBALLAPUR DISTRICT IN A STIPULATED PERIOD TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned petition, petitioner is seeking a mandamus against respondent No.2/Tahsildar to issue the saguvali chit since the Land Grant Committee has already recommended acting under Rule 108-D of the Karnataka Land Revenue Rules, 1966 (for short "KLR Rules, 1966) and the petitioner has also deposited the premium as indicated by respondent No.2 while acting under sub-Rule (3) Rule 108-D of the KLR Rules, 1966. 2. From perusal of records, it is clearly evident that the Land Grant Committee has already - 3 - NC: 2025:KHC:8172 WP No. 5341 of 2025 made recommendations, which is evidenced at Annexure-B. Therefore, respondent No.2/Tahsildar is obligated to act on the recommendation under sub- rule (3) of Rule 108-D of the KLR Rules, 1966. In view of the fact that respondent/Tahsildar has already issued notice under sub-rule 4 of Rule 108-D of the KLR Rules, 1966, calling upon the petitioner to pay premium as per Annexure-E and in view of the fact that the premium is deposited by the petitioner as per Annexure-F, petitioner has a legal right to seek directions at the hands of this Court. 3. Learned AGA, on instructions, submits that respondent No.2/Tahsildar will ensure that saguvali chit is issued in the prescribed form provided some reasonable time is granted. 4. Recording the assurance of the learned AGA, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. - 4 - NC: 2025:KHC:8172 WP No. 5341 of 2025 (ii) Respondent No.2/Tahsildar shall forthwith issue the saguvali chit by acting under sub-rule 3 of Rule 108-D of the KLR Rules, 1966. (iii) This exercise shall be accomplished within a period of six weeks from the date of receipt of certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 46