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2025 DAILYLAW 51950 (KAR)

SRI. SHANTARAM v. THE DEPUTY DIRECTOR OF LAND RECORDS

WP/106843/2025 · 2025-09-16

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12110 WP No. 106843 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106843 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SRI. SHANTARAM S/O. NARAYANA BHAT BRAMHERI, AGE: 57 YEARS, OCC. BUSINESS, R/O. STATION ROAD, HAVERI, DIST. HAVERI-581110. 2. SRI. SHESHAGIRI S/O. NARAYANA BHAT BRAHMERI, AGE: 62 YEARS, OCC. PENSIONER, R/O. H. NO.1-175/14, BHASKAR COLONY, HOSABETTU, MANGALURU, DIST. DAKSHANA KANNADA-575019. 3. SRI. SITARAM NARAYANA BHAT S/O. NARAYANA BHAT, AGE: 67 YEARS, OCC. PENSIONER, R/O. H. NO.7, NARAYANA KRUPA, 2ND CROSS, NEAR LAKSHMI TEMPLE, LAKSHMIPURA LAYOUT, KASHIPURA, SHIVAMOGGA, DIST. SHIVAMOGGA-577204. 4. SMT. SUNITA W/O. RAMAKRISHNA CHATRA, AGE: 46 YEARS, OCC. HOUSE WORK, R/O. C-1, SHIVA KRUPA, NANA SHANKAR SHET ROAD, OPP. CENTRAL BANK OF INDIA, VISHNU NAGAR, DOMBIVALI WEST, KALYAN THANE, MAHARASHTRA-421202. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12110 WP No. 106843 of 2025 5. SRI. SHREEDHAR S/O. NARAYANA BHAT BRAMHERI, AGE: 59 YEARS, OCC. BUSINESS, R/O. STATION ROAD, HAVERI, DIST. HAVERI-581110. 6. SRI. PRAVEEN S/O. NARAYANA BHAT BRAMHERI, AGE: 52 YEARS, OCC. BUSINESS, R/O. STATION ROAD, HAVERI, DIST. HAVERI-581110. 7. SMT. SUDHA UGRANI W/O. RAMACHANDRA, AGE: 63 YEARS, OCC. HOUSE WORK, R/O. DESHPANDE GALLI, RAIBAG TOWN, TAL. RAIBAG, DIST. BELAGAVI-591317. 8. SRI. RATNAKAR S/O. NARAYAN BRAHMERI, AGE: 76 YEARS, OCC. PENSIONER, R/O. 1ST A MAIN, 5TH CROSS, YALAHANKA, 4TH PHASE, BENGALURU-560064. …PETITIONERS (BY SRI. M.S. HARAVI, ADVOCATE) AND: 1. THE DEPUTY DIRECTOR OF LAND RECORDS AND TECHNICAL ASSISTANT OF DEPUTY COMMISSIONER, HAVERI, DIST. HAVERI-581110. 2. THE ASSISTANT DIRECTOR OF LAND RECORDS, CITY SURVEY, HAVERI, DIST. HAVERI-581110. 3. THE CITY SURVEYOR HAVERI CITY, HAVERI, - 3 - HC-KAR NC: 2025:KHC-D:12110 WP No. 106843 of 2025 DIST. HAVERI-581110. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE 2ND AND 3RD RESPONDENT TO SURVEY AND SUB-DIVISION THE PROPERTY BEARING HAVERI CITY SURVEY NO.3200A/1A ABUTTING TOWARDS SOUTH OF HAVERI C.S.NO.3204, 3205 AND 3206 SITUATED AT STATION ROAD, HAVERI BY CONSIDERING THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 22-04-2025 VIDE ANNEXURE-E.2. PASS ANY APPROPRIATE ORDER OR DIRECTION AS DEEMS FIT BY THIS HON BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE BY ALLOWING THIS WRIT PETITION WHICH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for Respondent Nos. 1 to 3. 2. The petitioners are before this Court seeking for the following reliefs: 1. ISSUE writ, order or direction in the nature of Mandamus directing the 2nd and 3rd respondent to Survey and Sub- Division the property bearing Haveri City Survey No.3200A/1A abutting towards South of Haveri - 4 - HC-KAR NC: 2025:KHC-D:12110 WP No. 106843 of 2025 C.S.No.3204, 3205 and 3206 situated at station road, Haveri by considering the representation submitted by the petitioners dated 22-04-2025 vide Annexure-E. 2. PASS any appropriate order or direction as deems fit by this Hon’ble Court under the facts and circumstances of the case by allowing this writ petition which cost in the interest of justice and equity. 3. The grievance of the petitioners is that despite the submission of representation on 22.04.2025 seeking survey and subdivision of the above-mentioned property, the same has not been considered by the respondent authorities even after a lapse of nearly six months. 4. It is a well-established principle that when a representation for survey, subdivision, or similar matters is submitted, the concerned authority is expected to act upon it by either accepting or rejecting the request by passing appropriate orders within a reasonable period of time. In the present case, a delay of more than six months cannot be construed as reasonable. - 5 - HC-KAR NC: 2025:KHC-D:12110 WP No. 106843 of 2025 5. Accordingly, I pass the following: ORDER i. Writ petition is allowed. ii. Respondent No.3 is directed to consider the petitioners’ representation dated 22.04.2025 and to pass reasoned and speaking order thereon, strictly in accordance with law, within a period of four weeks from the date of receipt of a certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 8