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2025 DAILYLAW 59806 (KAR)

RAMESH v. TAHASILDAR KUMTA PIO

WP/103296/2023 · 2025-11-03

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2024:KHC-D:2444 WP No. 103296 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103296 OF 2023 (GM-RES) BETWEEN: RAMESH GOVIND HOSAMNE, AGE: 64 YEARS, AT: BARGI, TAL: KUMTA, UTTARA KANNADA – 581 440. …PETITIONER (BY SRI. H. V. GAONKAR, ADVOCATE) AND: 1. TAHASILDAR KUMTA P.I.O. KUMTA, UTTARA KANNADA – 581 343. 2. ASSISTANT COMMISSIONER FAA KUMTA, UTTARA KANNADA – 581 343. 3. KARNATAKA INFORMATION COMMISSION, BELGAUM BENCH, ROOM N. 141, FIRST FLOOR, SUVARNA VIDHANA SOUDHA, BELAGAVI – 590 020. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENT/STATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO HONOURABLE COURT MAY KINDLY ISSUE WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENTS NO.3 ON 04.03.2022 IT’S BEARING NO. PÀªÀiÁD 3010 J¦J¯ï 2021 VIDE ANNEXURE – E. HONORABLE COURT MAY KINDLY ISSUE A WRIT OF MANDAMUS RESPONDENTS TO FURNISH PROPER AND TO TRUE GENEALOGY OR TO GIVE INFORMATION THAT GENEALOGY IS NOT AVAILABLE. NECESSARY ORDER MAY BE GRANTED IN FAVOUR F THE PETITIONER WHICH THIS HONORABLE COURT DEEMS FIT AND PROPER IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.11.07 11:53:43 +0530 - 2 - HC-KAR NC: 2024:KHC-D:2444 WP No. 103296 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this court seeking the following prayer.: 2. Honorable court may kindly issue writ of certiorari to quash the impugned order passed by the respondents no.3 on 04.03.2022 it’s bearing no. PÀªÀiÁD 3010 J¦J¯ï 2021 vide Annexure – E. 3. Honorable court may kindly issue a writ of mandamus directing the respondents to furnish proper and to true genealogy or to give information that genealogy is not available. 4. Necessary order may be granted in favour of the petitioner which this Honorable court deems fit and proper in the ends of justice. 5. The petitioner files an application under the Right to Information Act on 21.12.2019 seeking certain documents of the family before the Tahasildar, which comes to be rejected and an appeal thereon also comes to be rejected. Therefore, the petitioner is before the Court seeking a direction to the respondents to furnish appropriate genealogical tree or furnish the information that is sought for. 6. The learned AGA submits that the authorities will have a re-look at the application and pass necessary orders in - 3 - HC-KAR NC: 2024:KHC-D:2444 WP No. 103296 of 2023 accordance with law, only after receipt of an affidavit from the hands of the petitioner with regard to the necessity of the documents if he is not a family member. In the event the petitioner is a stranger or not a family member, the application so filed be considered in accordance with law and the documents should be furnished or otherwise to be decided. 7. In light of the opinion of the Court that the respondent should have a re-look at the application, I deem it appropriate to set aside the impugned order in the subject petition with a direction to the respondents to reconsider the application and pass necessary orders in accordance with law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT-ASC