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2025 DAILYLAW 7929 (KAR)

T NAGESWARA RAO S/O SUNDARA NAYADU v. THE TEHSILDAR

WP/107020/2024 · 2025-02-20

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:3513 WP No. 107020 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. 107020 OF 2024 (KLR-RES) BETWEEN: T NAGESWARA RAO S/O SUNDARA NAYADU AGE 60 YEARS OCC AGRICULTURE AND BUSINESS R/O DOOR NO. 130/1, WARD NO. 33 VEERANA GOWDA COLONY NEAR KUMAR SWAMY TEMPLE, BALLARI 583 101. …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. 81/14 OF B. GONAL VILLAGE IN BALLARI TALUK AND REDUCE THE TOTAL EXTENT FROM 00.12.60 CENTS TO 00.09.80 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:3513 WP No. 107020 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.81/14 of B. Gonal Village in Ballari Taluk and reduce the total extent from 00.12.60 cents to 00.09.80 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.81/14 measuring 0.12.06 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 - 3 - NC: 2025:KHC-D:3513 WP No. 107020 of 2024 in respect of Sy.No.81/14 of B. Gonal village of 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.81/14 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:3513 WP No. 107020 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.: 53