SRI. M. HANUMANTH RAO S/O M VENKATESHWARA RAO v. THE STATE OF KARNATAKA
WP/107423/2024 · 2025-02-21
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8129 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8129 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:3564 WP No. 107423 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2025
BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.107423 OF 2024 (KLR-RR/SUR)
BETWEEN:
SRI. M. HANUMANTH RAO S/O M VENKATESHWARA RAO AGE. 63 YEARS, R/AT. BASVESWARA CAMP NO.3, SANAPURA, KAMPLI TALUK BELLARY DISTRICT-583132.
…PETITIONER (BY SRI. APPANNAGOWDA K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING, VIDHANA VEEDI BENGALURU-560001 REPRESENTED BY ITS SECRETARY.
2.
THE ASSISTANT COMMISSIONER OF REVENUE KAMPLI TALUK, KAMPLI BELLARY DISTRICT-583132.
3.
THE TAHSILDAR KAMPLI TALUK, KAMPLI BELLARY DISTRICT-583132.
…RESPONDENTS (BY SRI. M.M.KHANNUR., AGA FOR R1 TO 3)
ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.27 17:00:50 +0530
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NC: 2025:KHC-D:3564 WP No. 107423 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR
ORDER OR DIRECTION IN THE NATURE OF MANDAMUS AND DIRECT THE RESPONDENT NO.3 TO ENTER HIS NAME IN REVENUE RECORDS BY REGULARIZING THE OCCUPATION OF THE PETITIONER OVER THE LAND BEARING SY. NO. 16/2 MEASURING 5 ACRES SITUATED AT NO. 2, MUDDAPURA VILLAGE, (CAMP), KAMPLI HOBLI, KAMPLI TALUK, BELLARY DISTRICT, BY CONSIDERING HIS REPRESENTATION DATED. 20.08.2024 VIDE ANNEXURE-C, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned Additional Government Advocate accepts notice for respondents No.1 and 2. The petitioner is before this Court seeking for the following reliefs; a) Issue a writ or order or direction in the nature of mandamus and direct the respondent No.3 to enter his name in revenue records by regularizing the occupation of the petitioner over the land bearing Sy.No.16/2 measuring 5 acres situated at No.2, Muddapura Village, (camp), Kampli Hobli, Kampli Taluk, Bellary District, by considering his representation dated 20.08.2024 vide Annexure-‘C’. b) Further be pleased to grant any other relief or reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.
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NC: 2025:KHC-D:3564 WP No. 107423 of 2024
2. The petitioner claims to be in physical possession of Sy.No.16/2 of Muddapura village, Kampli taluk, Ballari district. The petitioner had made an application for regularization of his occupation on 20.08.2024 at Annexure-C. The petitioner is before this Court contending that the said representation has not been acted upon and orders passed thereon and as such, the above said reliefs sought for.
3. Whenever any application/representation is made to an authority of the State, it is required for the said authority to consider the same and pass orders accepting or rejecting the applications/representations made. Needless to say, if an order of rejection is passed, the same is to be accompanied by necessary reasons. In the present matter, the application/representation having remained unconsidered by the respondents, I pass the following:
ORDER i) Writ petition is allowed.
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NC: 2025:KHC-D:3564 WP No. 107423 of 2024
ii) A mandamus is issued directing respondent No.3 to consider the representation dated 20.08.2024 at Annexure-C submitted by the petitioner in accordance with law within a period of 30 days from date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- List No.: 1 Sl No.: 19