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2025 DAILYLAW 62345 (KAR)

SHARANAMMA W/O LAXMAPPA DASAR v. THE DEPUTY COMMISSIONER (DC),

WP/103154/2025 · 2025-09-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12403 WP No. 103154 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. 103154 OF 2025 (LB-RES) BETWEEN: SHARANAMMA W/O. LAXMAPPA DASAR, AGE: 55 YEARS, OCC. HOMEMAKER, R/O. BENNIHALLI-582118, TQ. MUNDARAGI, DIST. GADAG. …PETITIONER (BY SRI. C.S. SHETTAR AND SMT. KAVYA C. SHETTAR, ADVOCATES) AND: 1. THE DEPUTY COMMISSIONER (DC), D.C. OFFICE, GADAG, GADAG-582101. 2. THE TAHASILDAR TAHASILDAR OFFICE, MUNDARGI-582118, TQ. MUNDARAGI, DIST. GADAG. 3. THE PANCHAYAT DEVELOPMENT OFFICER (PDO) GRAM PANCHAYAT, KORLAHALLI, R/O. KORLHALLI-582118, TQ. MUNDARAGI, DIST. GADAG. 4. THE TALUKA EXECUTIVE OFFICER TALUK PANCHAYAT, MUNDARGI-582118, TQ. MUNDARAGI, DIST. GADAG. 5. THE ASSISTANT EXECUTIVE ENGINEER ZILLA PANCHAYAT, GADAG, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12403 WP No. 103154 of 2025 TQ. AND DIST. GADAG-582101. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 TO R3; SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR R4 AND R5) THIS WP IS FILED UNDER ARICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATIONS SUBMITTED BY THIS PETITIONER DATED 27-05-2024 VIDE ANNEXURE-E AND ETC, 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 Additional Government Advocate accepts notice for respondent Nos. 1 and 3. Sri Lakshman Mantgani, learned counsel, is directed to accept notice for respondent Nos. 4 and 5. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus, directing the Respondent authorities to consider the representations submitted by this petitioner dated 27-05-2024 vide ANNEXURE-E. - 3 - HC-KAR NC: 2025:KHC-D:12403 WP No. 103154 of 2025 b. Any other relief as deemed fit in the facts and circumstances of the case in the ends of justice and equity. 3. The grievance of the petitioner is that the representation dated 27.05.2024, submitted to respondents seeking regularization of the petitioner’s property, has not been considered, despite the lapse of more than one year. 4. It is a settled principle that whenever a representation is submitted by a citizen to a public authority, it is the duty of the authority to consider the same in accordance with law either by accepting or rejecting the request and to pass a reasoned order within a reasonable time. ORDER (i) The writ petition is allowed. (ii) Respondents are directed to consider and pass appropriate orders on the representation submitted by the petitioner dated 27.05.2024 - 4 - HC-KAR NC: 2025:KHC-D:12403 WP No. 103154 of 2025 (Annexure-E), strictly in accordance with law, within a period of eight weeks from the date of receipt of a certified copy of this order. (iii) It is made clear that this Court has not expressed any opinion on the merits of the petitioner’s claim, and it is for the respondent authority to take an independent decision in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 7