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2025 DAILYLAW 59391 (KAR)

HANUMANTAPPA S/O SHANKRAPPA NAGANUR v. THE TAHASHILDAR

WP/107203/2025 · 2025-09-25

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13461 WP No. 107203 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107203 OF 2025 (GM-RES) BETWEEN: HANUMANTAPPA S/O. SHANKRAPPA NAGANUR, AGE: 43 YEARS, OCC. AGRICULTURE, R/O. SANGATTI VILLAGE, TQ. MUDHOL, NOW RABAKAVI BANAHATTI, DIST. BAGALKOT-587312. R/BY. SPA HOLDER, ASHOK SHANKRAPPA NAGANUR, AGE: 36 YEARS, OCC. AGRICULTURE, R/O. SANGATTI VILLAGE, TQ. MUDHOL, NOW RABAKAVI BANAHATTI, DIST BAGALKOT-587312. …PETITIONERS (BY SRI. SHIVA SHIRUR, ADVOCATE) AND: THE TAHASHILDAR DURGADKERI VILLAGE, DIST. DHARWAD-591309. …RESPONDENT (BY SRI. SHARAD V. MAGADUM, AGA) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13461 WP No. 107203 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO MUTATE THE NAME OF THE PETITIONER IN RECORD OF RIGHTS AND OTHER REVENUE RECORDS IN RESPECT OF SURVEY NO.3/1 MEASURING 3 ACRES 31 GUNTAS AND SURVEY NO.6 MEASURING 26 ACRES 1 GUNTAS OF DURGADKERI VILLAGE AS PER THE DECREE DATED 16/03/2024 VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY. II. PASS ANY OTHER APPROPRIATE ORDERS DEEMED FIT 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. The petitioners are before this Court seeking for the following reliefs: i. ISSUE a Writ, Order or direction in the nature of mandamus directing the respondent to Mutate the name of the petitioner in record of rights and other Revenue Records in respect of survey No.3/1 measuring 3 acres 31 Guntas and Survey No.6 measuring 26 acres 1 Guntas of Durgadkeri village as per the decree dated 16/03/2024 vide Annexure-A, in the interest of justice and equity. ii. Pass any other appropriate orders deemed fit in the interest of justice and equity. 2. The grievance of the petitioners is that, the representation dated 04.07.2025 to enter their names - 3 - HC-KAR NC: 2025:KHC-D:13461 WP No. 107203 of 2025 in pursuance of the decree passed by this Court dated 16.05.2024 in RFA No.100649/2022, has not been considered. 3. Whenever any application is filed by a citizen to a particular authority, the said authority is required to pass necessary orders on the same, either accepting or rejecting it, within a reasonable period of time. Neither having been done in the present case, I pass the following: ORDER i. Writ Petition is allowed. ii. A writ of mandamus is issued, directing the respondent to consider the representation dated 04.07.2025 of the petitioners at Annexure-B, within a period of four weeks from today. Sd/- (SURAJ GOVINDARAJ) JUDGE gab/CT:PA List No.: 1 Sl No.: 96