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2025 DAILYLAW 5111 (KAR)

SMT MAREMBI D/O v. THE ASSISTANT DIRECTOR

WP/103628/2024 · 2025-01-07

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:134 WP No. 103628 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103628 OF 2024 (KLR-RES) BETWEEN: 1. SMT. MAREMBI D/O. HUSSEIN KHAN MULAGUND, W/O. UMARSAB MANSUR, AGED ABOUT 75 YEARS, OCC: HOUSEHOLD WORK, R/O. OLD HOUSING BOARD, MADAGAON, GOA-403601. 2. ABDUL JABBAR S/O. ABDUL KHADAR MULAGUND, AGED ABOUT 59 YEARS, OCC: GOVT. EMPLOYEE, R/O. GODKE PLOT, ANAND NAGAR, OLD HUBBALLI, HUBBALLI, TQ: HUBBALLI-580020, DIST: DHARWAD. 3. SMT. SAHEBI @ RABIA D/O. HUSSEIN KHAN MULAGUND, W/O. MOHAMMAD TAHIR KALAGADAGI, AGED ABOUT 57 YEARS, OCC: HOUSE HOLD WORK, R/O BYAHATTI PLOT, SADAR SOFA, OLD HUBBALLI, TQ: HUBBALLI-580020, DIST: DHARWAD. SMT. AMINABI D/O. HUSSEIN KHAN MULAGUND, W/O. ABDUL REHAMAN MADARKHANDI, SINCE DEAD BY HER LRS. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:134 WP No. 103628 of 2024 4. ARIF AHMAD S/O. ABDUL REHAMAN MADARKHANDI, AGED ABOUT 49 YEARS, OCC: MECHANIC, R/O. KHB COLONY, HOUSE NO. EWS A/11 NAVANAGAR, HUBBALLI, TQ: HUBBALLI-580020, DIST: DHARWAD. 5. SMT. FATIMABI W/O. MEHABOOB SAB MANSUR, AGED ABOUT 46 YEARS, OCC: HOUSE HOLD WORK, R/O. EWS 736, HOUSING BOARD GOGOL, MADAGAON, SOUTH GOA-403601. 6. SMT. MEHABOOBI W/O. ISMAILSAB KAILAGAR, AGED ABOUT 45 YEARS, OCC: HOUSEHOLD WORK , R/O. HOUSE NO.34, SYED FAHEH SHAH WALI NAGAR, OLD HUBBALLI, HUBBALLI, TQ: HUBBALLI-580020, DIST: DHARWAD. …PETITIONERS (BY SRI. ABHINANDAN HIREMATH, ADVOCATE) AND: THE ASSISTANT DIRECTOR OF LAND RECORDS, 1ST FLOOR, MINI VIDHANA SOUDHA, SIR SIDDAPPA KAMBLI ROAD, LAMINGTON ROAD, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580020. …RESPONDENT (BY SRI. M.M. KHANNUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 20-3-2024 PRODUCED AS ANNEXURE-H AND TO PASS NECESSARY ORDERS FORTHWITH AND ETC. - 3 - NC: 2025:KHC-D:134 WP No. 103628 of 2024 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking the following reliefs: a) Issue a writ of mandamus directing the Respondent to consider the representation dated 20-3-2024 produced as Annexure-H and to pass necessary orders forthwith. b) Grant such other reliefs as this Hon’ble court deems fit under the circumstances of the present case in the interest of justice and equity. 2. The grievance of the petitioners is that, the representation dated 20.03.2024 at Annexure-H submitted by the petitioner to respondent for causing the entry of the names of the petitioners in respect of CTS No.128, situated at Ward No.3, Basava Vana, near Old Bus Stand, Hubballi, has not been acted upon. 3. The submission of the learned counsel for the petitioners is that, the said representation was made in furtherance of the application submitted on 29.12.2022. - 4 - NC: 2025:KHC-D:134 WP No. 103628 of 2024 4. When the application was filed on 29.12.2022, it was required for the respondent to act on the said application and either accept or reject it within the time prescribed under the Karnataka Sakala Services Act, 2011. The same not having been done, necessitated filing of the above representation dated 20.03.2024, which has also not been acted upon despite lapse of long time. 5. In view of the above, I pass the following: ORDER i. The writ petition is allowed. ii. A writ of mandamus is issued, directing the respondent to consider the representation dated 20.03.2024 at Annexure-H and the application dated 29.12.2022 filed by the petitioners within a period of 30 days from the date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 19