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2025 DAILYLAW 8256 (KAR)

SMT. V NAGALAKSHMI v. THE STATE OF KARNATAKA

WP/100166/2025 · 2025-02-06

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:2289 WP No. 100166 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100166 OF 2025 (KLR-RES) BETWEEN: 1. SMT. V NAGALAKSHMI W/O VENKAPPA OCC HOMEMAKER R/O. WARD NO 8 D.C. COLONY OLD ANDRAL BELLARY HAGARIBOMMANAHALLI BELLARY 583101 2. V.DURGAPPA @ DURUGANNA S/O. V. CHINNA DURGAPPA AGE 59 YEARS OCC AGRICULTURE R/O ANDRAL VILLAGE HAGARIBOMMANAHALLI BELLARY - 583101. 3. H HANUMAPPA S/O. MAREPPA OCC AGRICULTURE R/O ANDRAL VILLAGE HAGARIBOMMANAHALLI BELLARY- 583101. 4. V. VIRAPAXI S/O. V.VENKATAPPA, AGE 56 YEARS OCC AGRICULTURE R/O. ANDRAL VILLAGE HAGARIBOMMANAHALLI BELLARY - 583101. GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2289 WP No. 100166 of 2025 5. K.RAMANAGOUDA S/O. YARRAMMA AGE : 44 YEARS OCC AGRICULTURE R/O. ANDRAL VILLAGE, HAGARIBOMMANAHALLI BELLARY - 583101. …PETITIONERS (BY SRI. DINESH M KULKARNI,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE, M.S.BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER BELLARY DISTRICT BELLARY-583101. 3. THE ASSISTANT COMMISSIONER BELLARY DIST BELLARY-583101. 4. THE TAHASILDAR BELLARY TALUK BELLARY DIST BELLARY-583101. 5. THE REGIONAL TRANSPORT OFFICER BELLARY DIST. BELLARY-583103. …RESPONDENTS (BY SRI. V.S. KALASURMATH., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT PETITION IN THE NATURE OF MANDAMUS TO CONSIDER FORM NO.57 SUBMITTED BY PETITIONER 1 TO 5 VIDE ANNEXURE-A, A1, A2, A3 AND A4 RESPECTIVELY AND TO CONSIDER THE REPRESENTATIONS DATED 24-09-2020 VIDE ANNEXURE-S AND S1 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:2289 WP No. 100166 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 5. 2. The petitioners are before this Court seeking for the following reliefs: i. To issue a writ petition in the nature of mandamus to consider Form No. 57 submitted by petitioner No.1 to 5 vide Annexure-A, A1, A2, A3 and A4 respectively and to consider the representations dated 24.09.2020 vide Annexure-S and S1. ii. To issue any other writ or direction in the interest of justice and equity. 3. The grievance of the petitioners is that the applications submitted by the petitioners in Form No. 57 and the subsequent representations dated 24.09.2020 at Annexure-S series have not been considered by the respondents. 4. Whenever any application is submitted under Form No.57, it is required for the concerned authorities to - 4 - NC: 2025:KHC-D:2289 WP No. 100166 of 2025 consider the same and pass necessary orders within a reasonable period of time either accepting or rejecting the request of the applicants. In the present matter, Form No.57 having been filed on 9.12.20222, same has not been acted upon till date. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. ii. A mandamus is issued to respondent No.4 to consider Form No.57 submitted by the petitioners at Annexure-A series along with the representations submitted at Annexure-S series within a period of 30 days from the date of receipt of copy of this order. iii. Respondent No.1 is directed to file an affidavit as to why despite all the applications now having been uploaded on to the website of respondent No.1 in Form Nos.50, 53 and 57 etc., no action - 5 - NC: 2025:KHC-D:2289 WP No. 100166 of 2025 has been taken till date. The affidavit to also make clear the total number of applications still pending district, taluka wise as also village wise and by when orders would be passed on them. iv. Though the above petition is disposed of, relist on 24.03.2025 for the purpose of filing an affidavit of respondent No.1. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 14