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2025 DAILYLAW 64698 (KAR)

SUBHASH S/O BASALINGAPPA BELAVAL v. DEPUTY DIRECTOR OF LAND RECORDS

WP/107457/2024 · 2025-07-21

Pradeep Singh Yerur

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9005 WP No. 107457 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 107457 OF 2024 (KLR-RR/SUR) BETWEEN: SUBHASH S/O. BASALINGAPPA BELAVAL, AGE: 54 YEARS, OCC: AGRICULTURE/BUSINESS, R/O. SOPPADLA-591129, TQ: YARAGATTI, DIST: BELAGAVI. …PETITIONER (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE) AND: 1. DEPUTY DIRECTOR OF LAND RECORDS, DEPARTMENT OF LAND RECORDS, OLD ZILLA PANCHAYAT OFFICE, D.C. COMPOUND, BELAGAVI-590 001. 2. ASSISTANT DIRECTOR OF LAND RECORDS, DEPARTMENT OF LAND RECORDS, TAHASILDAR OFFICE, SAUNDATTI-591 126. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 26/12/2023 (ANNEXURE- D), THE REPRESENTATION DATED 18/01/2024 (ANNEXURE-E AND F), REPRESENTATION DATED 15/11/2024 (ANNEXURE-J AND J1) IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9005 WP No. 107457 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard the learned counsel for the petitioner and the learned AGA for the respondents. 2. It is the case of petitioner that he is the absolute owner of property bearing Sy.No.404 measuring 13 acre 30 gunta, situated at Sattigeri village of Yaragatti Taluk. On 10.10.2021, the petitioner submitted a representation to the 2nd respondent for fixation of boundaries to his land by paying requisite fees. Said application has been closed by giving false reason. Thereafter, on 03.03.2023 submitted another application for survey work of his land, same was also closed without informing the petitioner, due to which, petitioner submitted an application dated 26.12.2023 requesting to take appropriate steps and actions against the person, who are responsible for closure of earlier applications dated 10.10.2021 and 03.03.2023 and also requested to carryout survey work vide Annexure-D. 3. Petitioner again submitted representation dated 18.01.2024 as per Annexures-E and F separately to both - 3 - HC-KAR NC: 2025:KHC-D:9005 WP No. 107457 of 2024 respondents bringing to the notice of them about closure of his earlier representations. To that effect, respondent No.1 has addressed a letter to the 2nd respondent calling for report in respect of action taken against the officers those who have done mischief. Petitioner again submitted a reminder as per Annexure-H to the 1st respondent on 06.09.2024 stating that till date no action has been taken to complete the survey of his land. 4. Due to inaction to complete the boundary fixation survey of his land, one more representation dated 15.11.2024 was submitted separately to both respondents as per Annexures-J and J1, even thereafter also both respondents kept quit and no action has been taken till date. Hence, the petitioner is before this Court. 5. Learned AGA representing the State submits that the representations so made by the petitioner would be considered if reasonable time is granted. Under the circumstances, I pass the following: - 4 - HC-KAR NC: 2025:KHC-D:9005 WP No. 107457 of 2024 ORDER i) The petition is allowed. ii) A writ of mandamus is issued directing respondents No.1 and 2 to consider the representations of the petitioner dated 26.12.2023, 18.01.2024 and 15.11.2024 vide Annexures-D, E, F, J and J1 respectively and pass suitable orders in accordance with law, within an outer limit of six weeks from the date of receipt of a copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 106