B SREERAMULU S/O LATE B THIRUPURAIAH v. THE TAHSILDAR
WP/106981/2024 · 2025-02-27
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7881 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7881 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:3914 WP No. 106981 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106981 OF 2024 (KLR-RES) BETWEEN:
B. SREERAMULU S/O. LATE B. THIRUPURAIAH, AGE: 70 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. #9/B, WARD NO.17, S.N. PETE, 4TH CROSS, BALLARI-583101. …PETITIONER (BY SRI. GIRISH V. BHAT, ADVOCATE) AND:
THE TAHSILDAR, BALLARI REVENUE TALUKA, 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 OR 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.81/12 OF B.GONAL VILLAGE IN BALLARI TALUK AND REDUCE THE TOTAL EXTENT FROM 00.12.58 CENTS TO 00.09.78 CENTS AND ETC.
THIS 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: 2025.02.28 12:41:39 +0530
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NC: 2025:KHC-D:3914 WP No. 106981 of 2024
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA accepts notice for the respondent.
2. The petitioner is before this Court seeking for the following reliefs: I. Issue a writ or 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.81/12 of B.Gonal Village in Ballari Taluk and reduce the total extent from 00.12.58 Cents to 00.09.78 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.
3. The petitioner claims to be the owner of land bearing Sy.No.81/12 measuring 0.12.54 cents, out of which, 00.02.80 cents he has relinquished his rights in favour of the Government for widening of the road. In furtherance thereof, the petitioner had approached the respondent to rectify the entries in relation thereto by reducing the extent of 00.02.80 cents in respect of Sy.No.81/12 of B. Gonal village of Ballari
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NC: 2025:KHC-D:3914 WP No. 106981 of 2024
Taluka vide application dated 19.08.2024. Despite the said application submitted, no action having been taken by the respondent authority, petitioner is before this Court seeking for the aforesaid reliefs.
4. 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.81/12 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, the same would have to be accompanied by reasons.
5. In that view of the matter, I pass the following :
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NC: 2025:KHC-D:3914 WP No. 106981 of 2024
ORDER (i) Writ Petition is allowed. (ii) Writ of mandamus is issued directing respondent authority to consider the 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 gab CT-MCK List No.: 1 Sl No.: 8