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2025 DAILYLAW 7754 (KAR)

S SUNEEL KUMAR S/O. LATE S. SATYANARAYANA v. THE TAHSILDAR

WP/106607/2024 · 2025-01-27

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC-D:1563 WP No. 106607 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106607 OF 2024 (KLR-RES) BETWEEN: S SUNEEL KUMAR S/O LATE S SATYANARAYANA AGE. 45 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. NO.52, WARD NO.17, DATTA SAI COLONY, ANANTPUR ROAD, BALLARI-583103. …PETITIONER (BY SRI. GIRISH V. BHAT, ADVOCATE) AND: THE TAHSILDAR BALLARI REVENUE TALUK, BALLARI-583103. …RESPONDENT (BY SRI. M.M. KHANNUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE REQUEST APPLICATION OF THE PETITIONER DATED. 19.08.2024 VIDE ANNEXURE-F AND RECTIFY RECORD OF RIGHTS OF LAND SY.NO. 81/5 (P) OF B.GONAL VILLAGE IN BALLARI TALUK AND REDUCE THE TOTAL EXTENT FROM 00.12.90 CENTS TO 00.10.10 CENTS & ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.29 11:44:10 +0530 - 2 - NC: 2025:KHC-D:1563 WP No. 106607 of 2024 CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Petitioner is before this Court seeking for the following reliefs: I. Issue a writ of a direction or an appropriate order in the nature of mandamus directing the respondent to consider the request application of the petitioner dated 19.08.2024 vide Annexure-F and rectify record of rights of land Sy.no. 81/5 (p) of B.Gonal village in Ballari Taluk and reduce the total extent from 00.12.90 cents to 00.10.10 cents. II. Grant such other orders and reliefs deemed fit and proper in the circumstances of the case in the interest of justice and equity. 2. Petitioner claims to be owner of land bearing Sy.No.81/5 measuring 0.12.90 cents out of which, 00.02.80 cents he has relinquished his rights in favour of the Government for the widening of the road. In furtherance thereof, the petitioner had approached the respondent to rectify the entries in relation thereto by reducing extent of 00.02.80 cents in respect of Sy.No.81/5 of B. Gonal village of Ballari Taluka vide application dated 19.08.2024. Despite the said application submitted, no action has been taken - 3 - NC: 2025:KHC-D:1563 WP No. 106607 of 2024 by the respondent authority, petitioner is before this Court seeking for the aforesaid reliefs. 3. It is not in dispute that the petitioner is seeking for rectification of the entries in the revenue records pertaining to his property bearing Sy.No.81/5 of B. Gonal Village of Ballary Taluka to reduce the extent in terms of Relinquishment Deed executed by him in favour of the State, when such an application is submitted, it was required for the respondent authority to consider the same and pass necessary orders within a reasonable period of time or reject the same. Needless to say that if a rejection order to be passed same would have to be accompanied by reasons. In view of above, I pass the following : ORDER (i) Writ Petition is allowed. (ii) Writ of mandamus is issued directing respondent authority to consider the - 4 - NC: 2025:KHC-D:1563 WP No. 106607 of 2024 application of the petitioner dated 19.08.2024 at Annexure-F within 30 days from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK LIST NO.: 1 SL NO.: 41