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2025 DAILYLAW 45993 (KAR)

SMT RAJAMMA v. THE ASSISTANT COMMISSIONER

WP/5393/2025 · 2025-02-24

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:8223 WP No. 5393 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 5393 OF 2025 (SCST) BETWEEN: 1. SMT. RAJAMMA, W/O LATE NARAYANASWAMY AGED ABOUT 50 YEARS. 2. SRI. NANJAPPA S/O LATE MUNIYAPPA AGED ABOUT 55 YEARS. 3. SMT. NANJAMMA D/O LATE MUNIYAPPA AGED ABOUT 52 YEARS R/AT KOIRA VILLAGE - 562 162, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. 4. SRI. MYLARAPPA S/O LATE MUNIYAPPA AGED ABOUT 49 YEARS. 5. SRI VENATESH S/O LATE MUNIYAPPA AGED ABOUT 46 YEARS. 6. SMT. LAKSHMAMMA D/O LATE MUNIYAPPA AGED ABOUT 44 YEARS. 7. SRI. VIJAYA KUMAR S/O M. NANJAPPA AGED ABOUT 32 YEARS. PETITIONERS 1, 2, 4 TO 7 ARE RESIDING AT GOKARE VILLAGE - 562 110, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8223 WP No. 5393 of 2025 KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI. CHANDRANATH ARIGA K, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA - 561 203. 2. SMT. P.N. ANATHAKUMARI, W/O A. CHINNAPPA AGED ABOUT 45 YEARS, R/AT PUTTAPPANAGUDI BEEDHI, DEVANAHALLI TOWN - 562 110, BANGALORE RURAL DISTRICT. 3. SRI. GADDE VENKAT NAVEEN @ GUDDE VENKAT NAVEEN S/O BUTCHI BABU, AGED ABOUT 51 YEARS, R/AT NO. 527, GROUND FLOOR, 60 FEET ROAD, F-BLOCK, SAHAKAR NAGAR, BANGALORE - 560 092. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1; VIDE ORDER DATED 24.02.2025, NOTICE TO R2 AND R3 DISPENSED WITH) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING R1 TO HEAR AND DISPOSE OFF THE APPLICATIONS PTCL (DH) 32/23- 24 AND PTCL (D) 33/23-24 (ANNX-L AND M) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:8223 WP No. 5393 of 2025 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER 1. The petitioners herein are seeking for direction to respondent No.1-Assistant Commissioner to hear and dispose of the applications filed by the petitioners in PTCL(DH) 32/2023-24 and PTCL(DH) 33/2023-24 at Annexures-L and M. 2. The petitioners claims to be the legal representatives of the grantee one late Narayanaswamy and Muniyappa, the petitioners filed applications seeking cancellation of the sale deed under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1979 (herein after referred to as "the Act" for short). 3. The grievance of the petitioners is that the said applications have been pending consideration before respondent No.1 since 2023 and non-consideration of the applications has put the petitioners into untold hardship, - 4 - NC: 2025:KHC:8223 WP No. 5393 of 2025 as respondent Nos.2 and 3 are proceeding to sell the petition property, the inaction on part of respondent No.1 in disposing of the applications has led these petitioners to approach this Court in this writ petition. 4. Learned AGA submits that respondent No.1 be directed to consider and dispose of the applications within a reasonable time bound manner. 5. Having heard learned counsel for the petitioners and learned Additional Government Advocate, without adverting to the merits and demerits of the case and keeping open all the contentions, the grievance of the petitioners is met if the necessary direction is issued to respondent No.1 to consider and pass appropriate orders on the applications and hence the following: ORDER i. The writ petition is disposed of. ii. Respondent No.1 is directed to dispose of the applications PTCL(DH) 32/2023-24 and - 5 - NC: 2025:KHC:8223 WP No. 5393 of 2025 PTCL(DH) 33/2023-24 at Annexures-L and M within an outer limit of four weeks from the date of receipt of this order. iii. Petitioners are at liberty to file necessary application seeking interim relief before respondent No.1 and if such an application is filed, the same to be considered within two weeks from the date of the application. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 12 CT: BHK