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2026 DAILYLAW 10235 (KAR)

MUNIRAMAIAH v. THE TAHSILDAR

WP/4812/2026 · 2026-04-06

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19109 WP No. 4812 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.4812 OF 2026 (KVOA) BETWEEN: MUNIRAMAIAH (SINCE DEAD BY HIS LEGAL REPRESENTATIVE) NARAYANA SWAMY S/O LATE MUNIRAMAIAH, AGED ABOUT 61 YEARS, R/O CHIKKASANNE VILLAGE, DODDASANNE POST, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE DISTRICT. …PETITIONER (BY SRI V. MANJUNATHA, ADVOCATE) AND: THE TAHSILDAR DEVANAHALLI TALUK, BENGALURU DISTRICT. …RESPONDENT (BY SRI MANJUNATH RAYAPPA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENT TAHSILDAR TO CONSIDER THE JUDGMENT PASSED IN M.A.NO.61/97 DATED 28.08.2007 ON FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE AT ANNEXURE-B AND PASS APPROPRIATE ORDER IN ACCORDANCE WITH LAW. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19109 WP No. 4812 of 2026 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus directing the respondent-Tahsildar to consider and comply with the judgment passed in M.A.61/1997 dated 28.08.2007 on the file of the Principal District and Sessions Judge, Bangalore Rural District, Bangalore (Annexure-B). 2. Heard learned counsel for the petitioner and the learned AGA. 3. The petitioner claims that his ancestors were Niragantis and were in possession and enjoyment of the land bearing Sy. No.165 attached to the said office. Upon abolition of the village offices under the Karnataka Village Offices Abolition Act the petitioner sought re-grant of the said land. However, the Tahsildar by order dated 30.04.1986 granted the land to the third parties without considering the petitioner’s claim. Aggrieved, the - 3 - HC-KAR NC: 2026:KHC:19109 WP No. 4812 of 2026 petitioner preferred an appeal in M.A. No.61/1997, which came to be allowed on 28.08.2007 setting aside the Tahsildar’s order and directing fresh consideration. 4. The learned AGA has filed a memo along with the order dated 12.06.2025 passed by the respondent as per the directions of the Principal District and Sessions Judge, Bangalore in M.A.61/1997, stating that the respondent has passed the order on 12.06.2025. 5. The Principal District and Sessions Judge in MA No.61/1997 in the appeal under Section 3 (2) of the Karnataka Village Offices Abolition Act, 1961 allowed the appeal and passed the following order : “The appeal is allowed. Order passed by the Tahsildar, Devanahalli taluk dated 30.4.1986 in No.HOA/195/84-85 is set aside. The learned Tahsildar is directed to hear all the persons who are eligible at a stretch and pass appropriate order.” 6. The order is passed in the year 2007, the respondent has passed the order only on 12.06.2025, the delay of nearly 18 years in complying the judicial - 4 - HC-KAR NC: 2026:KHC:19109 WP No. 4812 of 2026 directions remains unexplained. Such inordinate delay reflects clear administrative inaction and disregard to the binding judicial orders. Even though the respondent has now complied with the direction by passing an order, the conduct of the authority in not acting within the reasonable time cannot be countenanced. In the circumstances, while the preliminary relief sought has become infructuous to the extent of issuance of mandamus, the delay on part of the respondent warrants imposition of cost. Accordingly, the writ petition is disposed of. The respondent-State is directed to pay cost of ` 20,000/- to the petitioner within a period of four (04) weeks from the date of receipt of copy of this order and an acknowledgment to that effect shall be filed in the registry of this Court. Sd/- _____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 57