IRAPPA S/O PARAPPA HUILAGOL SINCE DECEASED BY HIS LRS, YALLAWWA W/O IRAPPA HUILAGOL v. THE ASSISTANT COMMISSIONER
WP/103983/2025 · 2025-08-01
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85401 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85401 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:9517 WP No. 103983 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 103983 OF 2025 (KLR-RR/SUR) BETWEEN:
1.
IRAPPA S/O. PARAPPA HUILAGOL SINCE DECEASED BY HIS LRS, YALLAWWA W/O. IRAPPA HUILAGOL AGE ABOUT 62 YEARS, OCC. HOUSEWIFE, R/O. HAVALDAR ONI, PETHE, NARGUND, TALUKA. NARGUND, DIST. GADAG-582207.
2.
SUDHA W/O. SHIVALINGAPPA IBRAHIMPUR, AGE. 44 YEARS, OCC. HOUSEHOLD WORK, R/O. KURBAR ONI, BALAGANUR, DIST. GADAG-582207.
3.
NIRMALA D/O. IRAPPA IBRAHIMPUR, AGE. 42 YEARS, OCC. HOUSEHOLD WORK, R/O. BALAGANUR, DIST. GADAG-582207.
4.
MAHANTESH S/O. IRAPPA IMBRAHIMPUR, AGE. 43 YEARS, OCC. AGRICULTURE, R/O. HAVALDAR ONI, PETHE, NARGUND, TALUKA. NARGUND, DIST. GADAG-582207.
5.
SMT. BHARATI W/O. MANJUNATH SOOLIKERI, AGE. 43 YEARS, OCC. HOUSEHOLD WORK, R/O. KITTALI, DIST. BAGALKOT-587155.
6.
SMT. MANJULA W/O. NAGARAJ CHKKAYYANNAVAR, AGE. 41 YEARS, OCC. HOUSEHOLD WORK, R/O. GAMANAGATTI, DIST. DHARWAD-580001. …PETITIONERS (BY SRI. SANTOSH NARAGUND, ADVOCATE)
Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:9517 WP No. 103983 of 2025
AND:
1.
THE ASSISTANT COMMISSIONER, GADAG-582207.
2.
THE DEPUTY COMMISSIONER, GADAG-582207.
3.
THE TAHSILDAR, GADAG-582207.
4.
SRI SHANKRAPPA S/O. PARAPPA HUILAGOL, AGE. 68 YEARS, OCC. AGRICULTURE, R/O. BENNKOPPA, TQ. GADAG, DIST. GADAG-582207.
5.
SRI SHEKRAPPA S/O. PARAPPA HUILAGOL, AGE. 58 YEARS, OCC. AGRICULTURE, R/O. BENNKOPPA, TQ. GADAG, DIST. GADAG-582207. …RESPONDENTS
(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R1 TO R3;
NOTICE TO R4 AND R5 ARE DISPENSED WITH V/O DATED 01.08.2025)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION ANNEXURE-C DATED 16/01/2025, MADE BY THE PETITIONERS, AND DIRECT HIM TO DISPOSE THE MATTER AT THE EARLIEST POINT OF TIME, IN THE INTEREST OF JUSTICE AND EQUITY. 2. ISSUE ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION WHICH DEEMS FIT TO GRANT BY THIS HON’BLE COURT, IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:9517 WP No. 103983 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioners are before this Court seeking for the following reliefs:
1. Issue writ of mandamus directing the respondent no.1 to consider the representation Annexure-C dated 16/01/2025, made by the petitioners, and direct him to dispose the matter at the earliest point of time, in the interest of justice and equity.
2. issue any other appropriate writ or order or direction which deems fit to grant by this Hon’ble court, in the facts and circumstances of the case.
2. Learned Additional Government Advocate accepts notice for respondents No.1 to 3. Notice to respondents No.4 and 5 is dispensed with in view of the proposed order to be passed.
3. The short grievance of the petitioners is that despite the Tribunal allowing the revision petition on 25.12.2022 and directing respondent No.1/Assistant Commissioner to re-examine Mutation Entry No.3092/1997 and pass necessary orders, no order
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HC-KAR NC: 2025:KHC-D:9517 WP No. 103983 of 2025
has been passed, and the representation submitted on 16.01.2025 has also not been acted upon.
4. The Land Tribunal having passed the order on 25.12.2022, the matter has been pending for nearly 3 years. As such, it was required for respondent No.1/Assistant Commissioner to have re-examined the matter and pass necessary orders at the earliest and not take such a long time.
5. In that view of the matter, I pass the following:
ORDER i. The petition is allowed. ii. A mandamus is issued directing respondent No.1 to consider the representation dated 16.01.2025 made by the petitioners at Annexure-C in terms of the Land Tribunal order dated 25.12.2022 within a period of eight weeks from the date of receipt of a certified copy of this order.
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HC-KAR NC: 2025:KHC-D:9517 WP No. 103983 of 2025
iii. In view of the disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.
Sd/- (SURAJ GOVINDARAJ) JUDGE
AM CT: UMD List No.: 1 Sl No.: 8