- 1 - NC: 2025:KHC-D:18 WP No. 106718 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.106718 OF 2024 (GM-RES) BETWEEN: PARAMESHWAR S/O. PARASHURAM MUDAGAL, AGE: 31 YEARS, OCC: GUNNER IN INDIAN ARMY, HQ BTY/332 MEDIUM REGIMENT, C/O. 56 APO PIN CODE – 926332, R/O: VADDAR ONI, MUGAD 580 007, TQ/DIST: DHARWAD. …PETITIONER (BY SMT. SHRUTI NEELOPANT, ADVOCATE FOR SRI SHRIHARSH NEELOPANT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, TO THE DEPARTMENT OF REVENUE LAND GRANT -3 VIDHAN SOUDHA, BENGALURU – 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD – 580 001, TQ: DIST: DHARWAD. 3. THE ASSISTANT COMMISSIONER, DHARWAD SUB DIVISION, DHARWAD – 580 001, TQ/DIST: DHARWAD. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:18 WP No. 106718 of 2024 4. THE TAHASILDAR, DHARWAD TALUKA, DHARWAD – 580 001, TQ/DIST: DHARWAD . …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 AND 4 TO GRANT THE AVAILABLE GOVERNMENT LAND TO THE EXTENT OF 2 HECTARES TO THE PETITIONER IN GOVERNMENT LAND BEARING SY.NO.98 MEASURING 49 ACRES 37 GUNTAS OF DADDIKAMALAPUR VILLAGE, SY.NO.213 MEASURING 20 ACRES 06 GUNTAS OF MUGAD VILLAGE, SY.NO.163 MEASURING 08 ACRES 16 GUNTAS OF MANAGUNDI VILLAGE, SY.NO.100 MEASURING 13 ACRES 25 GUNTAS OF SHEDBAL VILLAGE AND SY.NO.422 MEASURING 11 ACRES 16 GUNTAS OF TADAKOD VILLAGE OF DHARWAD TALUK, OF DHARWAD TALUKA BY CONSIDERING THE APPLICATION/REPRESENTATION DATED 27.06.2023 AS PER ANNEXURE-C AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer: - 3 - NC: 2025:KHC-D:18 WP No. 106718 of 2024 i. To issue a Writ or Order or Direction in the nature of Writ of Mandamus directing the respondents no.1 and 4 to grant the available government land to the extent of 2 hectares to the petitioner in government land bearing Sy.No.98 measuring 49 acres 37 guntas of Daddikamalapur Village, Sy.No.213 measuring 20 acres 06 guntas of Mugad village, Sy.No.163 measuring 08 acres 16 guntas of Managundi village, Sy.No.100 measuring 13 acres 25 guntas of Shedbal village and sy.no.422 measuring 11 acres 16 guntas of Tadakod village of Dharwad Taluk, of Dharwad Taluka by considering the application/representation dated 27.06.2023 as per Annexure-C. 2. Heard Smt. Shruti Neelopant, learned counsel for petitioner and Sri Sharad V. Magadum, learned AGA for respondents. 3. Counsel for the petitioner submits that the petitioner who is serving in the Indian Army, as Gunner, is entitled to grant of land. He has submitted a representation on 16.02.2016 to the authorities for grant of land as is available under the statute. The said representation has not met its merit consideration and it is therefore the petitioner is at the doors of this Court. - 4 - NC: 2025:KHC-D:18 WP No. 106718 of 2024 4. Learned AGA on verification of records would submit that the land is not available to be granted to the petitioner. 5. Learned counsel for the petitioner submits that even if the land is not available in terms of Sections 70 and 71 of the Karnataka Land Revenue Act, the petitioner is entitled to any land, he has submitted in his representation dated 27.06.2023 to that effect. 6. Learned AGA would submit that representation would be considered in accordance with law and appropriate orders would be passed. 7. In the light of the said submissions, I deem it appropriate to dispose the petition directing the State to consider the representation of the petitioner for the purpose of which it is submitted, in accordance with law, within an outer limit of three months from the date of receipt of a copy of the order if not earlier. It is made - 5 - NC: 2025:KHC-D:18 WP No. 106718 of 2024 clear that this Court has not assessed the merit of the claim of the petitioner. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 74