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2025 DAILYLAW 7972 (KAR)

SRI MALAKAJAPPA S/O. THIPPANNA BAVOOR, v. THE CHIEF ENGINEER

WP/106659/2024 · 2025-01-20

Suraj Govindaraj

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:833 WP No. 106659 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106659 OF 2024 (LB-RES) BETWEEN: SRI. MALAKAJAPPA S/O. THIPPANNA BAVOOR, AGED ABOUT 49 YEARS, OCC: AGRICULTURE, R/O. GADDANAKERI, TALUK AND DISTRICT: BAGALKOT-587103. …PETITIONER (BY SRI. T.M. NADAF, ADVOCATE) AND: 1. THE CHIEF ENGINEER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT-587103. 2. THE REHABILITATION OFFICER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT-587103. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS TO ENTER THE NAME OF PETITIONER IN HAKKU PATRA IN RESPECT OF CATEGORY-D, PLOT MEASURING 24 METER X 15 METER BEARING NO.25, AT SECTOR NO.3 OF UNIT NO.1, BY DELETING THE NAME BASANNA GURUSANGAPPA SAJJANAR, IN TERMS OF COMPROMISE DECREE DATED 27.03.2021 IN O.S.NO.58/2021, ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE AND JMFC, BAGALKOT AND REPRESENTATION AND APPLICATION SUBMITTED ON 02.07.2021 AND 14.09.2021 VIDE ANNEXURE-B, C AND E, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:833 WP No. 106659 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 Writ of Mandamus, directing the Respondents to enter the name of petitioner in Hakku Patra in respect of Category-D, Plot measuring 24 Meter X 15 meter bearing No.25, at Sector No.3 of Unit No.1, by deleting the name Basanna Gurusangappa Sajjanar, in terms of Compromise decree dated 27.03.2021 in O.S.No.58/2021, on the file of I Addl. Senior Civil Judge and JMFC, Bagalkot and representation and application submitted on 02.07.2021 and 14.09.2021 vide Annexure-B, C and E, in the interest of justice and equity. ii. Pass such other orders or direction as this Hon’ble Court deems just and proper under the facts and circumstances of the case, in the interest of justice and equity. 2. The grievance of the petitioner is that, the application submitted by the petitioner on 02.07.2021 and the representation submitted on 14.09.2021 at Annexures B, C and D, said to have been submitted in furtherance of the compromise decree dated 27.03.2021, in O.S.No.58/2021, to enter the name of the petitioner in Hakku Patra has not been acted upon by the respondents. - 3 - NC: 2025:KHC-D:833 WP No. 106659 of 2024 3. Whenever any application/representation is submitted, the respondent Authority is required to consider the same and pass necessary orders either accepting or rejecting the application/representation within a reasonable period of time. Of course if the application/representation is rejected, the same would have to be accompanied by reasons. 4. Hence, I pass the following: ORDER i. Writ petition is allowed. ii. Mandamus is issued. Respondents are directed to consider the representation and application submitted on 02.07.2021 and 14.09.2021 vide Annexures B, C and E, in accordance with law, within a period of 15 days from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 49