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2025 DAILYLAW 84722 (KAR)

SRI SHIVALINGAPPA RAMAPPA MUNAVALLI v. THE STATE GOVERNEMENT

WP/105104/2025 · 2025-09-15

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11988 WP No. 105104 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105104 OF 2025 (KLR-RR/SUR) BETWEEN: SRI. SHIVALINGAPPA RAMAPPA MUNAVALLI, AGE: 59 YEARS, OCC. AGRICULTURE, R/O. CHALGALI, TQ. MUDHOL, DIST. BAGALKOTE, PIN-587313. …PETITIONER (BY SRI. ANAND R.KOLLI, ADVOCATE) AND: 1. THE STATE GOVERNEMENT R/BY. PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU, PIN-560001. 2. THE ASSISTANT COMMISSIONER BAILHONGAL, DIST. BELAGAVI, PIN-591125. 3. THE TAHSILDAR RAMDURG, DIST. BELAGAVI, PIN-591123. 4. THE BHOO YAGNE BOARD, R/BY. THE ASSISTANT COMMISSIONER, ENDOWMENT, BAILHONGAL, PIN-591125. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11988 WP No. 105104 of 2025 NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT BEARING NO. PÀæ.J¯ï.J£ï.r.¹.Dgï.165/21-22 DATED 10.02.2022 ISSUED BY THE RESPONDENT NO.3 AUTHORITY MARKED AS ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 AUTHORITY TO DELETE THE NAME OF RESPONDENT NO.4 FRO RECORD OF RIGHTS PERTAINING TO SURVEY NO. 240/1A AND 240/2A SITUATED AT KULAKUNDA VILLAGE OF RAMADURG TALUKA VIDE ANNEXURE-D AND D1 RESPECTIVELY IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. IA No.1/2025 is allowed. Production of certified copy of Annexure-E is dispensed with. 2. Learned AGA accepts notice for respondent Nos.1 to 4. 3. The petitioner is before this Court seeking for the following reliefs: a. Issue a Writ of nature of Certiorari quashing the impugned endorsement bearing no. PÀæ.J¯ï.J£ï.r.¹.Dgï.165/21-22 dated 10.02.2022 issued by the respondent no.3 authority marked as Annexure-E in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC-D:11988 WP No. 105104 of 2025 b. Issue a writ in the nature of mandamus directing the respondent No.3 authority to delete the name of respondent No.4 fro record of rights pertaining to survey no. 240/1A and 240/2A situated at Kulakunda Village of Ramadurg Taluka vide Annexure-D and D1 respectively in the interest of justice and equity. c. Such other writ or order or direction as this Hon’ble Court deems fits on the facts and circumstances of the case in the interest of justice and equity. 4. The petitioner had filed an application, then thereafter submitted a representation for deletion of the name of the ‘Bhoodana Yagna Board’ in Column No.9 pertaining to Survey Nos.240/1A and 240/2A of Kulakunda Village, Chandargi Hobli, Ramdurg Taluk. Said application came to be rejected vide impugned order dated 10.02.2022 at Annexure-E on the ground that no documents had been furnished. 5. Learned counsel for petitioner submits that by inadvertence the necessary documents could not be produced, the same have been produced along with the present writ petition, at Annexures-A and B - 4 - HC-KAR NC: 2025:KHC-D:11988 WP No. 105104 of 2025 namely the order of grant and the RTC’s which indicated the name of the father of the petitioner and as such he submits that if these documents had been filed before the respondents before the impugned order was passed, the application could have been considered favourably. 6. Considering that Annexure-A indicates the name of the father of the petitioner and Annexure-B - the RTC’s indicates the name of the petitioner, I am of the considered opinion that it would be necessary to provide one more opportunity to the petitioner to place the said documents before the respondents for fresh consideration. 7. Hence, I pass the following: ORDER i) Writ Petition is allowed. - 5 - HC-KAR NC: 2025:KHC-D:11988 WP No. 105104 of 2025 ii) A certiorari is issued. The endorsement bearing No. PÀæ.J¯ï.J£ï.r.¹.Dgï-165/21-22 dated 10.02.2022 issued by respondent No.3 at Annexure-E is quashed. iii) Petitioner is permitted to place all the relevant documents before respondent No.3 within 10 days from today. iv) On the said documents being placed on record, respondent No.3 is directed to consider the same, affording necessary opportunity to the petitioner and pass necessary orders within a period of 4 weeks thereafter. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA, List No.: 1 Sl No.: 5