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2025 DAILYLAW 52967 (KAR)

MAHESH S/O SANGAPPA HARAGBAL v. ASSISTANT COMMISSIONER

WP/104236/2025 · 2025-07-03

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:8314 WP No. 104236 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104236 OF 2025 (KLR-RR/SUR) BETWEEN: MAHESH S/O. SANGAPPA HARAGBAL, AGE ABOUT 42 YEARS, OCC: AGRICULTURE, R/O. BEVOOR-587115, TQ: BAGALKOT, DIST: BAGALKOT. …PETITIONER (BY SRI. M.M. PATIL, ADVOCATE) AND: 1. ASSISTANT COMMISSIONER, NAVANAGAR, BAGALKOT DISTRICT, BAGALKOT-587101. 2. TAHASILDAR, BAGALKOT TALUK, BAGALKOT-587101. 3. DEPUTY DIRECTOR, LAND RECORDS OFFICE, BAGALKOT DISTRICT, BAGALKOT-587101. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THIS WRIT PETITION AND ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO, A. DIRECT THE 1ST RESPONDENT TO CONSIDER THE REPRESENTATIONS MADE TO THE 1ST RESPONDENT VIDE ANNEXURE F DATED 04.04.2024 AND THE REPRESENTATIONS MADE TO THE 3RD RESPONDENT VIDE ANNEXURE-C DATED 04.07.2017 IN THE INTEREST OF JUSTICE AND EQUITY. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8314 WP No. 104236 of 2025 B. KINDLY DIRECT THE RESPONDENTS TO CONSIDER AND DO THE NEEDFUL IN A TIME BOUND PERIOD TO MEET THE ENDS OF JUSTICE AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel Sri.M.M.Patil for the petitioner. 2. Learned AGA Sri.M.M.Khannur is directed to take notice for respondent Nos.1 to 3. 3. It is the case of the petitioner that he is the absolute owner of the property bearing Sy.No.392/3K+3B measuring 6 acres 20 guntas situated at Bevoor village of Bagalkot taluk. It is submitted that the petitioner’s land was used for Upper Krishna Project and a Canal passed through the land and by oversight, the hissa number was changed. Therefore, the petitioner made a request to the Addl.SLAO No.1, Upper Krishna Office, Navanagar, Bagalkot on 12.08.2022. The Addl.SLAO No.1 vide his letter dated 27.10.2022 directed the surveyor to - 3 - HC-KAR NC: 2025:KHC-D:8314 WP No. 104236 of 2025 conduct spot inspection and submit the report. The surveyor conducted spot inspection and submitted his report on 02.12.2022. Thereafter, the petitioner made a representation to the Assistant Commissioner, Bagalkot vide his representation dated 04.04.2024 stating that the mistake is committed by the Revenue Authority. It is submitted that though the petitioner made several representations, respondent No.1 had not acted upon the same. Left with no option, the petitioner is before this Court seeking a direction in the nature of mandamus to the respondent No.1 to consider his representation in accordance with law. 4. Learned AGA representing the State submits that the representations so made by the petitioner would be considered if reasonable time is granted. Under the circumstances, I pass the following: ORDER i) The petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:8314 WP No. 104236 of 2025 ii) A writ of mandamus is issued directing the respondent No.1 to consider the representations of the petitioner dated 04.04.2024, as per Annexure F and 04.07.2017 as per Annexure-C and pass suitable orders in accordance with law, within eight weeks from the date of receipt of a copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 11