MARDANSAB S/O. HAJRESAB DWARALI v. THE STATE OF KARNATAKA
WP/103971/2025 · 2025-06-27
Pradeep Singh Yerur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52159 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52159 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:8106 WP No. 103971 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103971 OF 2025 (KLR-RES)
BETWEEN:
MARDANSAB S/O. HAJRESAB DWARALI AGE: 55 YEARS, OCC: AGRICULTURE R/O: KENCHANEGLUR, TQ HANGAL DIST. HAVERI …PETITIONER (BY SRI. SADIQALI N. GOODWALA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA BENGALURU 01.
2.
THE LAND TRIBUNAL SAVANUR / HANGAL DIST. HAVERI BY ITS CHAIRMAN …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE APPLICATION DATED 18.03.2025 FILED BY THE PETITIONER VIDE ANNEXURE-H AND PASS ORDERS IN ACCORDANCE WITH LAW BY CONSIDERING ORDERS PASSED BY THIS HONBLE COURT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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HC-KAR NC: 2025:KHC-D:8106 WP No. 103971 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
1. Heard learned counsel Sri.Sadiqali N.Goodwala for the petitioner. Learned AGA Sri.M.M.Khannur is
directed to take notice for respondent Nos.1 and 2-State.
2. The present petition is filed by the petitioner seeking a writ of mandamus for a direction to the respondent No.2 to consider his application dated 18.03.2025 and pass suitable orders.
3. It is the case of the petitioner that father of the petitioner was granted occupancy rights to an extent of 3 acres 5 guntas. Thereafter, Form No.10 was issued by the competent authority, pursuant to which, the petitioner put up a fence to safeguard his property. This was challenged in Writ Petition No.24849/2001 and Writ Appeal No.5337/2001. The same came to be dismissed and order of the Tribunal attained finality. This being the state of affairs, it is contended that respondent No.2 due to political influence and pressure, despite there being no remand of the matter to be considered, has passed an
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HC-KAR NC: 2025:KHC-D:8106 WP No. 103971 of 2025
order. It is the case of the petitioner that despite there being no order of remand, Sy.No.98 has been inserted while rejecting Form No.7 filed by the petitioner, which is questioned by the petitioner. The petitioner filed a review petition before the 2nd respondent-Tribunal under Section 122 of the Karnataka Land Revenue Act, 1964. Instead of appreciating the application for review, the 2nd respondent has kept the application pending without passing any
order. The petitioner is aggrieved with the same as it affects his rights. Hence he has filed this petition.
4. Learned AGA Sri.M.M.Khannur contends that review petition application so filed by the petitioner would be considered in accordance with law, so also it is the contention that the contesting parties are not made parties in this petition. The respondents would consider the review application, in accordance with law, if reasonable time is granted.
5. In view of the submission made by the learned AGA, I pass the following:
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HC-KAR NC: 2025:KHC-D:8106 WP No. 103971 of 2025
ORDER i. This petition is allowed. ii. Writ of mandamus is issued with a direction to the respondent No.2 to consider the review application filed by the petitioner dated 18.03.2025 and pass suitable orders in accordance with law. iii. It is needless to mention that if necessary parties have to be notified, the same shall be done by the respondent No.2 and the decision shall be taken in accordance with law within 8 weeks from the date of receipt of copy of the order. iv. It is needless to mention that this Court has not adverted to the merits of the matter.
Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-CMU LIST NO.: 1 SL NO.: 5