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2026 DAILYLAW 30996 (KAR)

SRI. N.BABU NAIKA v. THE STATE OF KARNATAKA

WP/20715/2026 · 2026-07-22

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010456292026 NC: 2026:KHC:37721 WP No. 20715 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 20715 OF 2026 (KLR-RR/SUR) BETWEEN: SRI. N.BABU NAIKA, S/O LATE NARAYANA NAIKA, AGED ABOUT 65 YEARS R/O NAIKANAHATTI, HIRIYUR TALUK, CHITRADURGA DIST-577 598. …PETITIONER (BY SRI. JAGADEESH D C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRL. SECRETARY, DEPT. OF REVENUE, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA – 577 501. 3. THE TAHSILDAR, HIRIYUR TALUK, HIRIYUR, CHITRADURGA DIST-577 598. …RESPONDENTS (BY SMT. B P RADHA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A. TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO CONSIDER THE PETITIONER DATED 08/07/2024, REPRESENTATION OF 14/08/2024 AND 23/04/2026 SUBMITTED TO THE RESPO AND ETC., Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010456292026 NC: 2026:KHC:37721 WP No. 20715 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned AGA accepts notice for the respondents. 2. In this petition, petitioner has sought for a direction to the respondents to consider the representations dated 08.07.2024, 14.08.2024 and 23.04.2026 (Annexure-E series), for grant or sale on upset price in respect of the subject land. 3. Having heard learned counsel appearing for the parties and careful consideration of the representations, I am of the view that, the petitioner has no legal right to claim the land in question as per the representation. 4. In that view of the matter, as there is no existence of a legal right to the performance of some statutory duty by the respondent - Authorities herein, against whom, the mandamus is sought, following the - 3 - HC-KAR CNR: KAHC010456292026 NC: 2026:KHC:37721 WP No. 20715 of 2026 declaration of law made by the Hon'ble Supreme Court in the case of ORIENTAL BANK OF COMMERCE vs. SUNDER LAL JAIN AND ANOTHER reported in (2008) 2 SCC 280 and in the case of MANI SUBRAT JAIN AND OTHERS vs. STATE OF HARYANA AND OTHERS reported in (1977) 1 SCC 486, I am of the view that the petitioner must possess a legal right before demanding the writ of mandamus. 5. In that view of the matter, I am of the view that, no interference is called for as there is no existing right with the petitioner. 6. Accordingly, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE CM List No.: 1 Sl No.: 23