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2025 DAILYLAW 5612 (KAR)

MANJUNATH S/O VEERBHADRAPPA NAVALUR v. TAHASHILDAR HUBBALLI

WP/103610/2024 · 2025-02-07

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC-D:2423 WP No. 103610 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.103610 OF 2024 (KLR-RES) BETWEEN: 1. MANJUNATH S/O. VEERBHADRAPPA NAVALUR, AGE: 42 YEARS, OCC: AGRICULTURE, R/O KAMLIKOPPA, TQ: HUBBALLI, DIST: DHARWAD. SHIVAPPA S/O. DEVENDRAPPA NAVALUR, SINCE DIED BY LR’S. 2. SHANTAVVA W/O. SHIVAPPA NAVALUR AGE: 45, OCC: HOUSEWIFE R/O DHUMMAWAD, TQ: KALAGHATAGI DIST: DHARWAD. 3. LILAWATI W/O. PARISAPPA KAMADHENU AGE: 42, OCC: HOUSEWIFE R/O KAMLIKOPPA, TQ: HUBBALLI DIST: DHARWAD. 4. BHAGAVANTAPPA S/O. SHIVAPPA NAVALUR AGE: 34, OCC: AGRICULTURE R/O DHUMMAWAD, TQ: KALAGHATAGI DIST: DHARWAD. 5. BHARTESH S/O. SHIVAPPA NAVALUR AGE: 40, OCC: AGRICULTURE R/O DHUMMAWAD, TQ: KALAGHATAGI DIST: DHARWAD. 6. ANANT S/O. SHIVAPPA NAVALUR AGE: 36, OCC: AGRICULTURE R/O DHUMMAWAD, TQ: KALAGHATAGI DIST: DHARWAD. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2423 WP No. 103610 of 2024 7. ISHWARAPPA S/O. DEVENDRAPPA NAVALUR AGE: 66, OCC: HOUSEWIFE R/O KAMALIKOPPA, TQ: HUBBALLI, DIST: DHARWAD. 8. NEMICHANDRAPPA S/O. DEVENDRAPPA NAVALUR AGE: 60, OCC: AGRICULTURE R/O KAMLIKOPPA, TQ: HUBBALLI DIST: DHARWAD. …PETITIONERS (BY SRI. SHUBHENDU A. AKALWADI, ADVOCATE) AND: TAHASHILDAR, HUBBALLI DIST: DHARWAD-580001. …RESPONDENT (BY SRI. V.S. KALASURMATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE APPLICATION OF THE PETITIONERS VIDE ANNEXURE-H DATED 26/6/2023; ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO DELETE THE NAME OF ONE SHEKHAPPA AND ENTER THE NAME OF THE PETITIONERS HEREIN AS PER THE ORDER PASSED BY THIS HON’BLE COURT VIDE ANNEXURE-E AND ETC. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING 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 for the following reliefs: a) Issue the Writ in the nature of Mandamus directing the respondent to consider the application of the petitioners vide ANNEXURE-H dated 26/6/2023. - 3 - NC: 2025:KHC-D:2423 WP No. 103610 of 2024 b) Issue writ in the nature of Mandamus directing the respondent to delete the name of one Shekhappa and enter the name of the petitioners herein as per the order passed by this Hon’ble Court vide ANNEXURE-E. c) Any other relief as deems fit to this Hon’ble Court in the interest of justice and equity. 2. The grievance of the petitioners is that the representation submitted by the petitioners at Annexure-H dated 26.06.2023 in furtherance of the orders passed by this Court in WP No.62493/2010 dated 19.11.2021 has not been considered by respondent No.1. Whenever any representation is submitted by a citizen to an authority, the same is required to be considered in a reasonable time frame and necessary orders passed thereon. 3. In the present case, the representation having been submitted way back on 26.06.2023 has not been considered. In that view of the matter, I pass the following: - 4 - NC: 2025:KHC-D:2423 WP No. 103610 of 2024 ORDER i) Writ petition is allowed. ii) A mandamus is issued. The respondent is directed to consider the representation dated 26.06.2023 at Annexure-H in accordance with law and pass necessary orders within a period of 30 days from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 3