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2025 DAILYLAW 46067 (KAR)

SRI SRINIVASA G T v. STATE OF KARNATAKA

WP/35834/2024 · 2025-02-24

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:8085 WP No. 35834 of 2024 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.35834 OF 2024 (KLR-RES) BETWEEN: 1. SRI.SRINIVASA G T S/O THIMMAIAH AGED ABOUT 65 YEARS GUTTAHALLI VILLAGE VOLLAKERI HOBLI KOLAR DISTIRCT KARNATAKA - 563130 2. SRI.NANDISHA H S/O LATE HANUMANTHAPPA AGED ABOUT 60 YEARS GUTTAHALLI VILLAGE VOLLAKERI HOBLI KOLAR DISTRICT KARNATAKA 563130 …PETITIONERS (BY MS.VACHANA N.V, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU - 560001 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8085 WP No. 35834 of 2024 2. THE DEPUTY COMMISSIONER OF KOLAR OFFICE OF DEPUTY COMMISSIONER KOLAR DISTIRCT KARNATAKA - 563101 3. THE TAHSILDAR KOLAR TALUK OFFICE OF THE TAHSILDAR KOLAR TALUK KOLAR DISTRICT KARNATAKA 563101 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO IMMEDIATELY INITIATE THE PROCESS OF ALLOCATING/ASSIGNING/GRANTING LAND MEASURING 1-00 ACRE IN SURVEY NO.4 (GOVERNMENT LAND) OF GUTTAHALLI VILLAGE, VOKKALERI HOBLI, KOLAR TALUK, KOLAR DISTRICT FOR THE PURPOSE OF ESTABLISHING A PLAY GROUND FOR THE GOVERNMENT PRIMARY SCHOOL OF GUTTAHALLI VILLAGE, VOKKALERI HOBLI, KOLAR TALUK, KOLAR DISTRICT FOR THE USE OF SCHOOL CHILDREN BY CONSIDERING THE ANNEXURE-H AND J AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:8085 WP No. 35834 of 2024 ORAL ORDER This writ petition has been filed seeking a writ of mandamus directing the respondents to initiate the process of allotting one acre of land in Sy. No.4 for the establishment of a playground for the Government Primary School in Guttahalli Village, Vokkaleri Hobli, Kolar Taluk, Kolar District, by considering the representation dated 09.09.2024. 2. The matter was previously adjourned at the request of the learned High Court Government Pleader (HCGP), who sought time to obtain instructions from respondent No.3 – the Tahsildar. 3. Today, the report submitted by respondent No.3 – the Tahsildar to the jurisdictional Assistant Commissioner has been placed on record. The report indicates that the Tahsildar has already forwarded a proposal to the Assistant Commissioner recommending the allotment of one acre of land for use as a playground for the Government Primary School. - 4 - NC: 2025:KHC:8085 WP No. 35834 of 2024 4. The learned HCGP has assured this Court that, although the Assistant Commissioner is not a party to the petition, he will examine the proposal and submit it to respondent No.2 – the Deputy Commissioner for further action. 5. Taking note of the recommendation made by respondent No.3 – the Tahsildar, this Court directs that the Assistant Commissioner shall review the proposal and forward it to respondent No.2 – the Deputy Commissioner for appropriate action in the matter. ORDER (i) The writ petition is disposed of. (ii) The Assistant Commissioner is directed to compile and place all relevant records before respondent No.2 – the Deputy Commissioner to facilitate appropriate consideration of the representation submitted as per Annexure-H. - 5 - NC: 2025:KHC:8085 WP No. 35834 of 2024 (iii) Upon receiving the reports from respondent No.3 – the Tahsildar and the Assistant Commissioner, respondent No.2 – the Deputy Commissioner shall take necessary action and pass appropriate orders in accordance with the law. (iv) The entire process shall be completed within three months from the date of receipt of this order. (v) Respondent No.2 – the Deputy Commissioner may obtain additional reports from the Assistant Commissioner if required. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 16