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2025 DAILYLAW 52532 (KAR)

SMT S KALYANI D/O S SUNEEL KUMAR v. THE TEHSILDAR

WP/106918/2024 · 2025-05-02

M G Uma

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC-D:7091 WP No. 106918 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO. 106918 OF 2024 (KLR-RR/SUR) BETWEEN: SMT. S. KALYANI D/O. S. SUNEEL KUMAR AGE: 44 YEARS, OCC: HOME MAKER R/O: NO. 52, WARD NO 17, DATTA SAI COLONY, ANANTPUR ROAD, BALLARI. …PETITIONER (BY SRI. CHINMAY G. BHAT, ADV. FOR SRI. GIRISH V. BHAT, ADVOCATE) AND: THE TEHSILDAR BALLARI TALUK, BALLARI. …RESPONDENT (BY SRI. T. HNAUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE REQUEST APPLICATION OF THE PETITIONER DATED 19.08.2024 VIDE ANNEXURE-F AND RECTIFY RECORD Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:7091 WP No. 106918 of 2024 OF RIGHTS OF LAND SY.NO.81/4 OF B.GONAL VILLAGE IN BALLARI TALUK AND REDUCE THE TOTAL EXTENT FROM 00.12.83 CENTS TO 00.02.80 CENTS. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioner has approached this Court seeking issuance of writ in the nature of Mandamus, directing the respondent to consider the request made in the representation dated 19.08.2024 filed by the petitioner, produced as per Annexure-F and to rectify the record of rights of the land of the petitioner. 2. Heard Sri. Girish V. Bhat, learned counsel for the petitioner and Sri T. Hanumareddy, learned Additional Government Advocate for the respondent. Perused the materials on record. - 3 - NC: 2025:KHC-D:7091 WP No. 106918 of 2024 3. It is the grievance of the petitioner that, he was the owner of the land measuring 0.12.83 Cents in Sy.No.81/4 of B.Gonal Village, Ballary Taluk. Since he relinquished his right in respect of 2.80 Cents in favour of the Government, his name is to be mutated in the revenue records in respect of 10.03 cents. In that regard, he has submitted a representation dated 19.08.2024 to the respondent. 4. Learned counsel for the petitioner submits that, similar direction was issued by this Court in the petitions filed by the adjacent owners making similar prayer. The said submission is not disputed by the learned Additional Government Advocate, but on the other hand, he concedes the same. 5. Under such circumstances, I do not find any reason to reject the prayer made by the petitioner. Hence, I proceed to pass the following: - 4 - NC: 2025:KHC-D:7091 WP No. 106918 of 2024 ORDER i. The petition is allowed. ii. Respondent is directed to consider the representation dated 19.08.2024, submitted by the petitioner as per Annexure-F and pass appropriate orders in the light of the approved layout plan. Sd/- (M.G.UMA) JUDGE VB/CT:ANB/List No.: 1 Sl No.: 4