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2025 DAILYLAW 7887 (KAR)

K H NARASIMHALU S/O K RANGA SWAMY v. THE TAHSILDAR

WP/107018/2024 · 2025-02-20

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC-D:3515 WP No. 107018 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107018 OF 2024 (KLR-RES) BETWEEN: K H NARASIMHALU S/O K RANGA SWAMY AGE. 64 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. WARD NO.9, RUPANA GUDI ROAD, NEAR VARABASAPPA TEMPLE, BALLARI 583101 …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 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/E/1 OF B. GONAL VILLAGE IN BALLARI TALUK AND REDUCE THE TOTAL EXTENT FROM 01.96.07 CENTS TO 01.51.07 CENTS AND ETC. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.21 16:31:10 +0530 - 2 - NC: 2025:KHC-D:3515 WP No. 107018 of 2024 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ or 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/E/1 of B. Gonal Village in Ballari Taluk and reduce the total extent from 01.96.07 cents to 01.51.07 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/E/1 measuring 01.96.07 cents out of which, 00.45.00 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 00.45.00 cents in respect of Sy.No.81/E/1 of B. Gonal village of - 3 - NC: 2025:KHC-D:3515 WP No. 107018 of 2024 Ballari Taluka vide application dated 19.08.2024. Despite the said application submitted, no action has been taken by the respondent authority. It is in that background, that the 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/E/1 of B. Gonal Village of Ballary Taluka to reduce the extent in terms of Relinquishment Deed executed by her 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. 4. 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 : - 4 - NC: 2025:KHC-D:3515 WP No. 107018 of 2024 ORDER i. The Writ Petition is allowed. ii. A mandamus is issued, directing respondent authority to consider the application of the petitioner dated 19.08.2024 at Annexure-F within a period of 30 days from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 51