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2025 DAILYLAW 6791 (KAR)

SRI K ABDUL KAREEM S/O K GUDU SAB v. THE DEPUTY COMMISSIONER, BALLARI

WP/105242/2024 · 2025-01-20

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:835 WP No. 105242 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105242 OF 2024 (KLR-CON) BETWEEN: SRI. K. ABDUL KAREEM S/O. K. GUDU SAB, AGE: 62 YEARS, OCC: BUSINESS, R/O. WARD NO.6, 2ND CROSS, VINAYAKA NAGARA, KAMPLI POST AND TALUK, BALLARI DISTRICT-583132. …PETITIONER (BY SRI. T. BASAVANAGOUDA, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BALLARI DISTRICT, BALLARI-583101. 2. THE TAHSILDHAR, TALUK OFFICE, KAMPLI. 3. THE CHIEF OFFICER, MUNCIPALITY, KAMPLI. 4. THE SUB-REGISTRAR, KAMPLI POST & TALUK-583132. 5. SMT. M. SADAMMA @ B. SUDHA W/O. B. MARUTHI, AGED ABOUT 36 YEARS, OCC: HOUSEWIFE, R/O. WARD NO.17, NEAR NATRAJ KALA MANDIR, KAMPLI POST AND TALUK, BALLARI DISTRICT-583132. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1, R2 & R4; SRI. B. SHARANABASAWA, ADVOCATE FOR R3; SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R5; R5 & R6 NOTICE DISPENSED WITH) GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:835 WP No. 105242 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR DIRECTION OR NECESSARY WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE COMPLAINT DATED 01-12- 2023 VIDE ANNEXURE-F, THEREBY DIRECT THE RESPONDENT NO.1 TO SET-ASIDE THE CONVERSION ORDER PASSED ON 16-11-2023 VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE AN ORDER OR DIRECTION OR NECESSARY WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 AND 3 TO CONSIDER THE LETTER DATED 30-12-2023 VIDE ANNEXURE-G IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) Issue an order or direction or necessary writ of Mandamus directing the respondent no.1 to consider the complaint dated 01-12-2023 vide ANNEXURE-F, thereby direct the respondent no.1 to set-aside the conversion order passed on 16-11-2023 vide ANNEXURE-E, in the interest of justice and equity; b) Issue an order or direction or necessary writ of Mandamus directing the respondent no.2 and 3 to consider the letter dated 30-12-2023 vide ANNEXURE-G in the interest of justice and equity. c) To grant such other relief/relief’s as this Hon’ble court deems fit and proper in the facts and circumstances of this case in the interest of justice. - 3 - NC: 2025:KHC-D:835 WP No. 105242 of 2024 2. Memo dated 06.01.2025 has been filed signed by the petitioner and the counsel for the petitioner, which reads as under: “It is submitted that the petitioner has challenged the order passed by the first respondent dt.16/11/2023 as per Annexure-E of the writ petition passed u/sec 95(2) of Karnataka Land Revenue Act 1964, the petitioner ought have filed an appeal to challenge the impugned order before the Karnataka appellant Tribunal at Bengaluru by way of an appeal, Hence this Hon’ble court reserving liberty to the petitioner to file an appeal before the KAT by considering the delay in filing this writ petition, Hence this memo” 3. Accepting the said memo and submission of the learned counsel for the petitioner, petition is dismissed as withdrawn reserving liberty to the petitioner to approach the Karnataka Appellate Tribunal. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 103