Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:1902 WP No. 106997 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106997 OF 2024 (KLR-RES) BETWEEN:
M SUBBARAO S/O M SATHYANARAYANA AGE. 62 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. HOUSE NO. 57, WARD NO. 16, GOLDSMITH ROAD NEAR AYYAPPA SWAMY TEMPLE, SHRI BALAJI SUPPLIERS, 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. 81/9 OF B. GONAL VILLAGE IN BALLARI TALUK AND REDUCE THE TOTAL EXTENT FROM 00.12.53 CENTS TO 00.09.73 CENTS AND ETC.
THIS WRIT PETITION, COMING ON FOR DISMISSAL, THIS DAY, THE COURT MADE THE FOLLOWING:
ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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NC: 2025:KHC-D:1902 WP No. 106997 of 2024
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 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.81/9 of B. Gonal Village in Ballari Taluk and reduce the total extent from 00.12.53 cents to 00.09.73 cents.
ii. Grant such other orders and relief’s deemed fit and proper in the circumstances of the case in the interest of justice and equity.
2. The petitioner claims to be the owner of land bearing Sy.No.81/9 measuring 0.12.530 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.81/9 of B.Gonal village of Ballari Taluka vide application dated 19.08.2024. Despite
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NC: 2025:KHC-D:1902 WP No. 106997 of 2024
the said application submitted, no action has been taken by the respondent-Authority, 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.81/9 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, if a rejection order to be passed, same would have to be accompanied by reasons.
4. In view of the above, I pass the following:
ORDER (i) The Writ Petition is allowed.
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NC: 2025:KHC-D:1902 WP No. 106997 of 2024
(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
LN List No.: 1 Sl No.: 39