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2025 DAILYLAW 59951 (KAR)

SHREE DURGADEVI DEVASTHAN BHAJAKA MANDALI v. ASSISTANT COMMISSIONER

WP/106964/2025 · 2025-09-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12565 WP No. 106964 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106964 OF 2025 (KLR-RR/SUR) BETWEEN: SHREE DURGADEVI DEVASTHAN BHAJAKA MANDALI SADASHIVAGAD FORT, R/BY. ITS PRESIDENT SHRI ANIL S/O SHANKAR KALAGUTKAR AGE: 50 YEARS, OCC. AGRICULTURE AND SOCIAL WORK, R/O SADASHIVGAD, KARWAR-581352, DIST. UTTARA KANNADA. …PETITIONER (BY SRI. A.P. MURARI, ADVOCATE) AND: 1. ASSISTANT COMMISSIONER KARWAR-581352, DIST. UTTARA KANNADA, 2. THE TAHSILDAR KARWAR-581352, DIST. UTTARA KANNADA. 3. THE DEPUTY COMMISSIONER KARWAR-581352, DIST. UTTARA KANNADA. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R3) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12565 WP No. 106964 of 2025 THIS WRIT PETITION IS FILED UNDER ARICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT OR ORDER IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION OF THE PETITIONER AT ANNEXURE-H DATED 06.03.2025 TO ENTER THE NAME OF THE PETITIONER IN COLUMN NO. 9 AND 12(2) OF THE RTC PERTAINING TO SY. NO. 2/2 MEASURING 22 GUNTAS OF CHITTAKULA VILLAGE, SAVANTWADI HOBL, I TALUK KARWAR, DISTRICT UTTAR KANNADA. II) TO PASS APPROPRIATE ORDER AGAINST RESPONDENT NO.2 AND 3, IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.(III) PASS ANY OTHER ORDER OR DIRECTIONS AS DEEMED FIT BY THIS HON BLE COURT, 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. Learned AGA accepts notice for the respondents. 2. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ or order in the nature of writ of mandamus directing the respondent no.1 to consider the representation of the petitioner at Annexure-H dated 06.03.2025 to enter the name of the petitioner in column No. 9 and 12(2) of the RTC pertaining to Sy. No. 2/2 measuring 22 guntas of Chittakula Village, Savantwadi Hobli, Taluk Karwar, District Uttar Kannada. - 3 - HC-KAR NC: 2025:KHC-D:12565 WP No. 106964 of 2025 ii. To pass appropriate order against respondent No.2 and 3, in the facts and circumstances of the case, in the interest of justice and equity. iii. Pass any other Order or directions as deemed fit by this Hon’ble court, in the interest of justice and equity. 3. The contention of the petitioner is that, the petitioner being the tenant of the land in question, the representation which had been submitted by the petitioner for entry of the name of the petitioner has not been considered. 4. A perusal of the representation at Annexure-H itself would indicate that Form No.7A, which had been filed by the petitioner, has been rejected. If that be so, it was for the petitioner to have challenged the said rejection in an appropriate forum. Once the application in Form No.7A is rejected, the question of the petitioner continuing to be a tenant in possession of the land cannot be sustained, so long as such rejection order stands. - 4 - HC-KAR NC: 2025:KHC-D:12565 WP No. 106964 of 2025 5. In that view of the matter, the petition stands dismissed, reserving liberty to the petitioner to challenge the order passed rejecting the application in Form No.7A. Sd/- (SURAJ GOVINDARAJ) JUDGE gab Ct:pa List No.: 1 Sl No.: 42