Petitioner sought grant of 1 acre land cultivated since 1984-85. Court directed second respondent to consider pending representation dated 22.09.2018 within three months, without expressing opinion on merits.
Direction to second respondent to consider representation dated 22.09.2018 for land grant within three months.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2019
BEFORE
THE HON’BLE MR. JUSTICE ARAVIND KUMAR
W.P.NO.7884/2019 (KLR-LG)
BETWEEN:
NAVEEN KUMAR S/O ANJINAPPA AGED ABOUT 44 YEARS RESIDING AT APPAJIPURA VILLAGE, KASABA HOBLI NADUVATHI POST, HOSKOTE TALUK, BANGALORE RURAL DISTRICT – 562 114.
...PETITIONER
(BY SMT. NEERAJA KARANTH, ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY ITS SECRETARY M.S. BUILDING AMBEDKAR VEEDHI BENGALURU – 560 001.
…RESPONDENTS
(BY SRI. Y.D. HARSHA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
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TO DIRECT THE R-2 TO CONSIDER AND PASS SUITABLE ORDERS ON THEIR REPRESENTATION DATED:22.09.2018 FOR GRANT OF LAND IN SY. NO.30 MEASURING 1 ACRE IN APPAJUIPURA VILLAGE, HOSKOTE TALUK, FILED AND MARKED AS ANNEX-A TO THE W.P.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Heard Smt.Neeraja Karanth, learned counsel appearing for petitioner. Sri. Y.D.Harsha, learned Government Advocate appearing for respondents.
Perused the records.
measuring 1 Acre in Sy.No.30 of Appajipura village, Hoskote Taluk, Bangalore Rural District and as such he has sought for grant of said land by submitting a representation to second respondent on 21.05.2012 vide Annexure-D. Petitioner has also contended that an application in Form No.1 was filed on 07.04.2017 under the Karnataka Land Grant Rules, 1969 before second respondent with a request to grant said land. On account of non consideration of said application,
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petitioner has submitted one more representation on 22.09.2018 vide Annexure-A to the second respondent with a request to consider his prayer for grant of land. It is contended that petitioner has been cultivating said land since long number of years and to evidence this fact, RTC extracts for the year 1984-85 vide AnnexureB has been produced. On account of non-consideration of representation submitted by the petitioner on 22.09.2018 to second respondent, he is before this Court for a writ of mandamus to second respondent to consider the same.
Hence, I proceed to pass the following:
ORDER
(1) Writ petition is allowed.
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(2) A writ of mandamus is issued to second respondent to consider the representation of petitioner dated 22.09.2018- Annexure-A, expeditiously within an outer limit of three months from the date of receipt of copy of this order.
(3) It is also made clear that no opinion is expressed on the merits of the claim and all contentions of both parties are left open.
Sri. Y.D. Harsha, learned Government Advocate is permitted to file memo of appearance within four weeks from today.
SD/JUDGE
RU
1 issue framed by the court
Whether the second respondent is directed to consider the petitioner's representation for land grant filed on 22.09.2018 expeditiously.
2 provisions across 2 enactments
Naveen Kumar
The State of Karnataka Department of Revenue
The Tahsildar Hoskote
Aravind Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
