TIMMANNA S/O SHIVANAIK NAIKAR v. THE STATE OF KARNATAKA
WP/107031/2025 · 2025-10-15
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84043 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84043 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:13943 WP No. 107031 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO.107031 OF 2025 (KLR-LG) BETWEEN:
TIMMANNA S/O SHIVANAIK NAIKAR AGE: 56 YEARS, OCC: AGRICULTURE R/O SHARADAL, TAL: BAGALKOT DIST: BAGALKOT, PIN:587101.
…PETITIONER (BY SRI. S. C. HIREMATH., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA, BENGALURU, PIN: 560001.
2.
THE ASSISTANT COMMISSIONER BAGALKOT SUB-DIVISION BAGALKOT-587101.
3.
THE TAHASILDAR, BAGALKOT TALUKA, BAGALKOT PIN: 587101.
…RESPONDENTS (BY SMT. MALA B.BHUTE, AGA)
CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:15 +0100
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HC-KAR NC: 2025:KHC-D:13943 WP No. 107031 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO RE-GRANT THE PETITION LAND BEARING R.S NO.33/2+3 MEASURING 4 ACRES 6 GUNTAS SITUATED AT SHARADAL VILLAGE OF BAGALKOT TALUKA AS PER THE APPLICATION DATED 30-08-2022, FILED BY THE PETITIONER, A COPY OF WHICH IS PRODUCED AS PER ANNEXURE-H AND THE REPRESENTATION DATED 23-12-2024, AS PER ANNEXURE-K, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)
1. Heard learned counsel for the petitioner and learned Additional Government Advocate appearing for the respondents-State.
2. The petitioner seeks writ of mandamus to consider his claim for re-grant of land bearing Survey No.33/2+3 measuring 4 acres, 6 guntas situated at Sharadal Village, Tq:Bagalkote, in terms of application dated 30.08.2022, which is marked at Annexure-H and further representation dated 23.12.2024 marked at Annexure-K.
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HC-KAR NC: 2025:KHC-D:13943 WP No. 107031 of 2025
3. On the basis of the representations, the Assistant Commissioner, Bagalkote, has issued an endorsement at Annexure-J dated 28.04.2023, wherein he states that application can be considered, provided the stay order granted against M.E.No.1131, is vacated.
4. In terms of M.E.No.1131, it is noticed that the stay
order is recorded. It is stated that the said stay
order is recorded as the petitioners have challenged M.E.No.1128, which was certified by entering the name of the State. This Court is of the view that the stay order granted by the Assistant Commissioner and recorded in M.E.No.1131, does not come in the way of the competent authority considering the application for re-grant.
5. Hence, the following:
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HC-KAR NC: 2025:KHC-D:13943 WP No. 107031 of 2025
ORDER i. Writ petition is allowed-in-part. ii. The competent authority under the Karnataka Village Officers' Abolition Act, 1978 shall consider the application in accordance with law. The exercise shall be completed within three months from the date of receipt of a copy of this order. iii. It is made clear that this Court has not expressed any opinion on the merits of the claim of either of the parties. iv. All contentions of the parties are kept open.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
AM List No.: 1 Sl No.: 52