MALLAYYA S/O. BASAYYA NADUVINMANE v. THE DEPUTY COMMISSIONER,
WP/101420/2025 · 2025-03-18
M G Uma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47151 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47151 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:4974 WP No. 101420 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO.101420 OF 2025 (KLR-RES) BETWEEN:
1. MALLAYYA S/O. BASAYYA NADUVINMANE, AGE. 46 YEARS, OCC. AGRICULTURIST, R/O. UGGINKERI, POST - GUNJAVATI, TQ. MUNDGOD, DIST. UTTARA KARNATAKA-581349.
2. BASAVARAJ S/O. IRAYYA NADUVINMANE, AGE: 35 YEARS, OCC: AGRICULTURIST, R/O. UGGINKERI, POST – GUNJAVATI, TQ: MUNDGOD, DIST: UTTARA KARNATAKA – 581349. …PETITIONERS (BY SMT. YALAGI KAVYA SHIVAPPA, ADVOCATE FOR SRI H. N. GULARADDI, ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER, D. C. OFFICE, HAVERI, TQ. AND DIST. HAVERI-581110.
2.
THE TAHASHILDAR, LAND SURVEY DEPARTMENT, SHIGGAON, TQ. DIST. HAVERI-581110. …RESPONDENTS (BY SRI T. HANUMAREDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT AND DIRECT THE RESPONDENT NO.2 TO MEASURE THE LAND AND TO DETERMINE THE BOUNDARIES OF R.S.NO.32/A MEASURING 32 ACRES SITUATED WITHIN THE LIMITS OF MAMADAPUR VILLAGE IN SHIGGAON TALUKA, CONSIDER THE REPRESENTATION DATED 29/11/24 PRODUCED AT ANNEXURE-C AND SUCH OTHER RELIEFS.
Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD
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NC: 2025:KHC-D:4974 WP No. 101420 of 2025
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM:
THE HON'BLE MRS JUSTICE M.G.UMA
ORAL ORDER The petitioners have approached this Court seeking issuance of writ in the nature of mandamus to direct respondent No.2, the Tahsildar, Land Survey Department, Shiggaon, Haveri district, to measure and demarcate the boundaries of R.S.No.32/A, measuring 32 acres, situated at Mamadapur village in Shiggaon taluka, by considering their representation dated 29.11.2024 produced as per Annexure-C.
2. Heard Smt.Yalagi Kavya Shivappa, learned counsel for petitioners and Sri T. Hanumareddy, leared Additional Government Advocate for respondents – State. Perused the materials on record.
3. It is the contention of the petitioners that they acquired the property in question under the registered relinquishment deed dated 16.05.2024 and their names came to be entered in the revenue records based on the said registered deed. A representation as per Annexure-C
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NC: 2025:KHC-D:4974 WP No. 101420 of 2025
was filed before respondent No.2, requesting to demarcate the boundaries on the basis of the said registered relinquishment deed. Even though, the representation as per Annexure-C is dated 29.11.2024, the same was not considered till date.
4. I do not find any justification for respondent No.2 for not considering the representation.
5. Learned Additional Government Advocate submits that, the petitioners are required to submit their application online. Upon which, respondent No.2 will consider the same and do the needful in accordance with law. Accordingly, I proceed to pass the following:
ORDER (i) The writ petition is allowed. (ii) Petitioners are permitted to submit their representation online to respondent No.2. Upon which, respondent No.2 is directed to consider the same expeditiously, at least within 3 months from the date of receipt the application online. Sd/- (M.G.UMA) JUDGE EM CT:ANB: List No.: 2 Sl No.: 22