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2025 DAILYLAW 8185 (KAR)

SMT. RENUKA W/O BABANNA GOWDAGERI v. THE STATE OF KARNATAKA

WP/107499/2024 · 2025-01-10

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC-D:440 WP No. 107499 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107499 OF 2024 (KLR-RR/SUR) BETWEEN: SMT. RENUKA W/O. BABANNA GOWDAGERI, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. SAMARGI, R/O. HANGAL TALUK, DIST: HAVERI-581102. …PETITIONER (BY SRI. SADIQ N.GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-01. 2. THE DEPUTY COMMISSIONER, HAVERI, DIST: HAVERI-581102. 3. THE LAND TRIBUNAL HANGAL, BY ITS CHAIRMAN, DIST: HAVERI-581102. 4. THE TAHSILDAR HANGAL, DIST: HAVERI-581102. 5. THE ASSISTANT DIRECTOR, LAND RECORDS, HANGAL, DIST: HAVERI-581102. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:440 WP No. 107499 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENTS NO.4 AND 5 TO TAKE A DECISION FOR MEASUREMENT AND FIXING OF BOUNDARIES BY PASSING ORDERS ON APPLICATION/REPRESENTATION VIDE ANNEXURE-B DATED 02.09.2024, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for respondents No.1 to 5. 2. The petitioner is before this Court seeking the following reliefs: i. A writ in the nature of Mandamus directing the respondent No.4 and 5 to take a decision for measurement and fixing of boundaries by passing orders on application/representation vide Annexure-B dated 02.09.2024. ii. Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case. 3. The grievance of the petitioner is that the representation dated 02.09.2024 submitted by the petitioner for carrying out measurement and fixing - 3 - NC: 2025:KHC-D:440 WP No. 107499 of 2024 of the boundaries of the land granted to the petitioner, have not been done. 4. In that view of the matter, I pass the following: ORDER i) Writ petition is disposed of. ii) Mandamus is issued directing respondents No.4 and 5 to take necessary decisions, carryout measurements and fix boundaries of the land granted to the petitioner. iii) If the land granted is part of a larger survey number, notices would have to be issued to all the stakeholders in the said survey number, carryout measurements and fix boundaries of all such land comprised in the survey number. The entire process to be completed within a period of six months - 4 - NC: 2025:KHC-D:440 WP No. 107499 of 2024 from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 55