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2025 DAILYLAW 81159 (KAR)

SRI. MANJUNATHA. N v. STATE OF KARNATAKA

WP/32313/2025 · 2025-12-05

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51482 WP No. 32313 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.32313 OF 2025 (KVOA) BETWEEN: 1. SRI. MANJUNATHA .N S/O LATE NANJUNDAPPA AGED ABOUT 33 YEARS, 2. SRI. SATHISH S/O LATE NANJUNDAPPA AGED ABOUT 28 YEARS, 3. SRI. THIMMAPPA @ THIMMARAYAPPA S/O LATE NARAYANAPPA AGED ABOUT 40 YEARS, 4. SRI. KRISHNAPPA S/O LATE NARAYANAPPA AGED ABOUT 38 YEARS, 5. SMT. MUNIYAMMA W/O LATE NARAYANAPPA AGED ABOUT 52 YEARS, 6. SRI. THIMMARAYAPPA S/O HANUMANTAPPA AGED ABOUT 55 YEARS, 7. SRI. SUBBARAYAPPA S/O HANUMANTHAPPA AGED ABOUT 45 YEARS, 8. SRI. CHIKKA NARAYANAPPA S/O HANUMANTHAPPA AGED ABOUT 50 YEARS, ALL ARE RESIDING AT UDDAPPANAHALLI VILLAGE, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51482 WP No. 32313 of 2025 NARASAPURA HOBLI, KOLAR TALUK, KOLAR DISTRICT-563 133. …PETITIONERS (BY SRI CHOKKAREDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA REPTS. BY PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S.BUILDING, AMBEDKAR BEEDHI, BANGALORE-560 001. 2. DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR-563 133. 3. TAHSILDAR KOLAR TALUK, KOLAR-563 133. …RESPONDENTS (BY SRI RAJAKUMAR M., AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTION TO THE RESPONDENT NO.3 TO CONSIDER ANNEXURE-A, A-1 AND A-2 DATED 28.04.2016, 22.12.2022 AND 22.02.2023 FOR RE-GRANT OF LAND IN RESPECT OF THE SY.NO.16 MEASURING 2 ACRE 18 GUNTAS AND SY.NO.37, MEASURING 11 GUNTAS, SITUATED AT LAKSHMISAGARA VILLAGE, NARASAPURA HOBLI, KOLAR TALUK, BY ALLOWING THE WRIT PETITION. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:51482 WP No. 32313 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners have approached this Court seeking a writ of mandamus directing respondent No.3-Tahsildar to consider their applications for re-grant of land bearing Sy No. 16 measuring 2 acres 18 guntas and Sy No. 37 measuring 11 guntas situated at Lakshmisagara Village, Narasapura Hobli, Kolar Taluk. 2. The case of the petitioners is that their ancestors were cultivating the aforesaid lands as Talavari Inamathi lands, and their names were reflected in the revenue records. It is contended that pursuant to the amendment of Karnataka Village Offices' Abolition Act, 1961 (for short ‘the Act’) and the notification dated 11.01.2022, inviting applications for re-grant from persons who could not avail of the earlier opportunity, the petitioners submitted applications seeking re-grant of the aforesaid Talavari Inamathi lands on 28.04.2016, 22.12.2022 and 22.02.2023. - 4 - HC-KAR NC: 2025:KHC:51482 WP No. 32313 of 2025 3. It is the grievance of the petitioners that despite the amended Rules and the subsequent notification dated 28.04.2025, whereby the power to consider such application is delegated to the Deputy Commissioner, their applications have not been considered till date. 4. Learned AGA for the State submits that the applications for re-grant have been submitted by the petitioners before respondent No.3- Tahsildar. This factual position is not disputed by learned counsel for the petitioners. 5. In light of the admitted position that the applications are pending before respondent No.3- Tahsildar, it is necessary to issue appropriate direction for forwarding the applications to respondent No.2-Deputy Commissioner and consideration of the same by the competent authority. - 5 - HC-KAR NC: 2025:KHC:51482 WP No. 32313 of 2025 6. Having regard to the limited nature of prayer and without expressing any onion on the merits of the claim of the petitioners, this Court pass the following: ORDER (i) The Writ Petition stands disposed of with the following directions: (a) Respondent No.3- Tahsildar shall forward the applications of the petitioners to respondent No.2-Deputy Commissioner within a period of two weeks from the date of receipt of the certified copy of this order. (b) Upon receipt of such applications, respondent No.2-Deputy Commissioner shall consider and dispose of the petitioners’ application for re-grant, in accordance with the amended provisions of the Karnataka Village Offices' Abolition Act, 1961 and the relevant Rules and pass appropriate orders within four - 6 - HC-KAR NC: 2025:KHC:51482 WP No. 32313 of 2025 months from the date of the receipt of the copy of the applications. All the contentions are kept open. Sd/- _____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 6