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2025 DAILYLAW 85082 (KAR)

MEHABOOBSAB S/O ABDULSAB BETAGERI v. THE STATE OF KARNATAKA

WP/100321/2025 · 2025-07-16

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:8827 WP No. 100321 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 100321 OF 2025 (KLR-RES) BETWEEN: MEHABOOBSAB S/O. ABDULSAB BETAGERI AGE: 61 YEARS, OCC: AGRICULTURE, R/O. IMAM HUSSAIN COLONY, NAR MASJID, BALAJI NAGAR, GADAG, DIST: GADAG-582101. …PETITIONER (BY SRI. J.S.SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPT OF REVENUE, M.S.BUIDLING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER GADAG, DIST: GADAG-582101. 3. THE ASSISTANT COMMISSIONER GADAG DIVISION, DIST: GADAG-582101. 4. THE TASHILDAR GADAG TALUK, DIST: GADAG-582101. 5. THE TASHILDAR LAXMESHWAR TALUK, DIST: GADAG-582116. …RESPONDENTS (BY SRI. M.M.KHANNUR, ADDL. GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY PETITIONER ON 23.07.2024, 25.11.2024, 10.06.2024, THE COPIES OF WHICH HAVE BEEN VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8827 WP No. 100321 of 2025 PRODUCED HEREWITH AT ANNEXURE-A, B AND C, AND DIRECTING TO GRANT THE LAND BEARING SY.NO. 234/2 SITUATED AT LAXMESHWAR, DISTRICT GADAG TO AN EXTENT OF 2 ACRE 10 GUNTAS OUT OF THE EXTENT OF 4 ACRE 20 GUNTAS IN FAVOUR OF THE PETITIONER, UNDER THE EX-SERVICEMAN QUOTA AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard the learned counsel for the petitioner and the learned AGA for the respondents. 2. It is the case of petitioner that he is an Ex- serviceman having served in Indian Navy and has retired from service after completing 15 years of service. He and his family members are not holding any landed property. He made an application to the Tahashildar, Gadag for grant of land bearing Sy.No.234/2 situated at Laxmeshwar, District Gadag to an extent of 2 acre, 10 gunta out of 4 acre, 20 gunta in favour of petitioner under the Ex-servicemen quota. It is further case of petitioner that he has also brought to the notice of the authorities that out of 4 acre 20 gunta of land in Sy.No.234/2, 2 acre 10 gunta has already been allotted in - 3 - HC-KAR NC: 2025:KHC-D:8827 WP No. 100321 of 2025 favour of one Chandrayya Sangayya Hiremath and remaining land to an extent of 2 acre 10 gunta is kept vacant and same could be granted him under the ex-servicemen quota. To that effect, the Taluka Officer made recommendations, but the 2nd respondent/Deputy Commissioner has not taken any action on the said representation. Hence, the petitioner is before this Court. 3. Learned AGA representing the State submits that the representation so made by the petitioner would be considered if reasonable time is granted. Under the circumstances, I pass the following: ORDER (i) Writ petition is allowed. (ii) Writ of mandamus is issued directing respondent No.5 to consider the representations of the petitioner dated 23.07.2024, 25.11.2024 and 10.06.2024 vide Annexures-A, B and C respectively and pass suitable orders in accordance - 4 - HC-KAR NC: 2025:KHC-D:8827 WP No. 100321 of 2025 with law within a period of eight weeks from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK List No.: 1 Sl No.: 11