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2025 DAILYLAW 61128 (KAR)

SMT SAVITA SHANIYAR NAIK v. TAHASILDAR

WP/104666/2025 · 2025-08-28

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10851 WP No. 104666 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104666 OF 2025 (KLR-REG) BETWEEN: 1. SMT. SAVITA SHANIYAR NAIK AGE. 45 YEARS, OCC. AGRICULTURE WORK, R/O HURLISAL VILLAGE 581 320, TQ. BHATKAL, DIST. UTTARAKANNADA. 2. SHANIYAR S/O DURGAPPA NAIK AGE. 49 YEARS, OCC. AGRICULTURE WORK, R/O HURLISAL VILLAGE 581320, TQ. BHATKAL, DIST. UTTARA KANNADA. …PETITIONERS (BY SRI. D.J. NAIK, ADVOCATE) AND: 1. TAHASILDAR, BHATKAL 581320, TQ. BHATKAL, DIST. UTTARKANNADA. 2. TOWN PANCHAYAT JAIL, BHATKAL, TQ. BHATKAL, DIST. UTTAR KANNADA 581320. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1; SRI. SANTOSH B. MANE, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 TO CONSIDER ACKNOWLEDGEMENT DATED 02-08-2016 FILED BY Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10851 WP No. 104666 of 2025 THE PETITIONER BEFORE THE RESPONDENT VIDE ANNEXURE-A & ETC. THIS WRIT 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 A.G.A. accepts notice for respondent No.1. 2. Sri.Santosh B Mane, learned counsel is directed to accept notice for respondent No.2. 3. The petitioners are before this Court seeking for the following reliefs: a) Issue writ of Mandamus directing the respondent No. 1 to consider Acknowledgement dated 02-08- 2016 filed by the petitioner before the respondent vide Annexure-A. b) Pass such other order as this Hon’ble court deems fit and proper under the facts and circumstance of the case to meet the ends of justice and equity. 4. The grievance of the petitioner is that the application filed by the petitioner for regularization of the unauthorised occupation of land in Survey No. 68/6B and Survey No.105 situate in Hurlisal Village, Bhatkal - 3 - HC-KAR NC: 2025:KHC-D:10851 WP No. 104666 of 2025 Taluk has not been considered and necessary orders have not been passed despite the application having been pending from 02.08.2016. 5. Whenever, any application is filed, it is for the respondents-authorities to have taken necessary action thereon and pass necessary orders. In the present case, despite the representation of the petitioner is submitted on 02.08.2016, no action has been taken. 6. In that view of the matter, I pass the following: ORDER i. The petition is allowed. ii. A mandamus is issued directing respondent No.1 to consider the representation of the petitioner dated 02.08.2016 at Annexure-A and pass necessary orders within 8 weeks from the date of receipt of a copy of this order. - 4 - HC-KAR NC: 2025:KHC-D:10851 WP No. 104666 of 2025 iii. It is made clear that this Court has not expressed any opinion on the merits of the matter. Sd/- (SURAJ GOVINDARAJ) JUDGE SH/CT-VP LIST NO.: 1 SL NO.: 7