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2025 DAILYLAW 69977 (KAR)

SRI MUNIYAPPA v. THE STATE OF KARNATAKA

WP/21773/2025 · 2025-07-31

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29564 WP No. 21773 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 21773 OF 2025 (KLR-RR/SUR) BETWEEN: SRI. MUNIYAPPA, S/O LATE NANJAPPA, AGED ABOUT 68 YEARS, R/AT SURADEVANAPURA VILLAGE, HESARAGHATTA HOBLI, YELAHANKA TALUK, BANGALORE URBAN DISTRICT - 562 110. …PETITIONER (BY SRI. PRASAD V.S.K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUTH, BANGALORE - 560 001. 2. THE TAHSILDAR, YELAHANKA TALUK OFFICE, BANGALORE NORTH ADDITIONAL, BANGALORE URBAN DISTRICT - 560 063. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29564 WP No. 21773 of 2025 R2/ TAHSILDAR AS DISPOSE THE REPRESENTATION DATED 28.04.2025 WITHIN THE PRESCRIBED TIME LIMIT AS FIXED BY THIS HONORABLE COURT REGARDING THE LAND BEARING SY. NO. 65/2 ON EXTENT OF 12 GUNTAS IS SITUATED AT SURADEVANAPURA VILLAGE, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU URBAN DISTRICT VIDE ANNEXURE -A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for both the respondents. 2. The prayer in this writ petition is to issue a writ of mandamus directing respondent No.2-Tahsildar to dispose of the representation dated 28.04.2025 at Annexure-A given by the petitioner. 3. On perusal of the representation, it is found that the petitioner is alleging that one S.K.Nagaraju had filed an appeal before the Assistant Commissioner in RA(YLK):231/2023 and the Assistant Commissioner has passed an order in the said - 3 - HC-KAR NC: 2025:KHC:29564 WP No. 21773 of 2025 appeal. Learned counsel submits that the petitioner sought to implead himself in the said proceedings. However, the impleading application was rejected. On perusal of the orders passed by the Assistant Commissioner at Annexure-H, this Court finds that the appeal filed by S.K.Nagaraju was dismissed for non-prosecution on 07.04.2025. Learned counsel would also submit that the petitioner has filed an application seeking re- grant under the provisions of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954. 4. If that is the contention of the petitioner that he has filed an application before the competent authority under the provisions of the Act seeking re-grant, then unless the competent authority passes an order conferring occupancy rights in favour of the petitioner, no useful purpose would be served by directing the Tahsildar to consider the representation given by the petitioner. 5. The writ petition is accordingly dismissed while reserving liberty to the petitioner to approach the competent authority and pursue his application seeking re-grant of the lands. Once the competent authority confers occupancy rights - 4 - HC-KAR NC: 2025:KHC:29564 WP No. 21773 of 2025 in favour of the petitioner, thereafter, automatically, the petitioner will have a right to seek entry of his name in the land records. Ordered accordingly. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv CT: BHK