Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 7689 (KAR)

ALI C S/O S MOULASAB ALIAS S SANNAMOOULASAB v. THE STATE OF GOVERNMENT R/BY ITS SECRETARY

WP/105922/2024 · 2025-02-07

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:2432 WP No. 105922 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105922 OF 2024 (KLR-REG) BETWEEN: ALI C S/O. S. MOULASAB @ S. SANNAMOOULASAB, AGE: 40 YEARS, OCC: AGRICULTURE CUM COOLIE, R/O. BUKKASAGAR, TQ: HOSPET, DIST: VIJAYANAGAR-583101. …PETITIONER (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: 1. THE STATE GOVERNMENT, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560001. 2. THE DEPUTY COMMISSIONER, VIJAYANAGAR-583101. 3. THE ASSISTANT COMMISSIONER, VIJAYANAGAR-583101. 4. THE TAHSILDAR, TQ: HOSPET, VIJAYANAGAR-583201. 5. THE PANCHAYAT DEVELOPMENT OFFICER, BUKKASAGAR, TQ: HOSPET, DIST: VIJAYANAGAR-583101. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R4; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF IN GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.11 11:43:13 +0530 - 2 - NC: 2025:KHC-D:2432 WP No. 105922 of 2024 THE NATURE OF MANDAMUS THEREBY DIRECTING THE RESPONDENT NO.2, 3 AND 4 AUTHORITY TO CONSIDER THE REPRESENTATIONS VIDE ANNEXURE-E E1, AND E2 RESPECTIVELY DATED 23.09.2024 AND FURTHER DIRECT THEM TO PASS AN APPROPRIATE ORDER AS EXPEDITIOUSLY AS IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY DIRECTION AS AGAINST THE RESPONDENT NO.2 AUTHORITY TO REGULARIZE THE LAND OF THE PETITIONERS UNDER THE KARNATAKA LAND REVENUE (REGULARIZATION OF THE UNAUTHORIZED OCCUPANTS OF THE LAND) RULES 1970 PERTAINING TO SURVEY NO.495/1 MEASURING 2 ACRES OF BUKASAGAR VILLAGE TQ: HOSPET IN THE INTEREST OF JUSTICE AND EQUITY; PASS ANY OTHER ORDER AS THIS HON’BLE COURT DEEMS FITS ON THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION IS COMING ON FOR ORDERS 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 a writ of in the nature of mandamus thereby directing the respondent No.2, 3 and 4 authority to consider the representations vide Annexure-E E1, and E2 respectively dated 23.09.2024 and further direct them to pass an appropriate order as expeditiously as in the interest of justice and equity; b) Issue a writ in the nature of mandamus or any direction as against the respondent No.2 authority to regularize the land of the petitioners under the Karnataka Land Revenue (Regularization of the Unauthorized Occupants of the land) Rules 1970 pertaining to Survey No.495/1 measuring 2 acres of - 3 - NC: 2025:KHC-D:2432 WP No. 105922 of 2024 Bukasagar village Tq: Hospet in the interest of justice and equity; c) Pass any other order as this Hon’ble court deems fits on the facts and circumstances of the case. 2. A memo dated 04.02.2025 has been filed by the counsel for respondent No.5 stating that the representation submitted by the petitioner has been considered and rejected vide order dated 28.01.2025. 3. In that view of the matter no mandamus could be issued. Reserving liberty to the petitioner to challenge the said order of rejection, writ petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 0