Petitioners filed writ petitions under Articles 226 and 226 of the Constitution directing the Tahsildar and a Vidya Samvardhak Sangh to consider representations and transfer land. The court dismissed the writ against the Sangh as it is not a State, and dismissed against the Tahsildar as a legal notice is not a representation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 24TH DAY OF FEBRUARY, 2020
BEFORE
THE HON’BLE MR.JUSTICE S.G. PANDIT
WRIT PETITION NO.110350/2019 (GM-RES)
& WRIT PETITION Nos.115274-275/2019
BETWEEN:
SHANKAR S/O SHANKAR BANGARI @ DESAI DIED BY HIS LRS
... PETITIONERS
(BY SRI K ANANDKUMAR, ADVOCATE)
AND
2
... RESPONDENTS
(BY SRI. SHIVAPRABHU S HIREMATH, AGA FOR R1)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT, DIRECTING THE RESPONDENT NO.1 AND 2 TO CONSIDER THE REPRESENTATIONS MADE BY THE PETITIONERS ON 22.08.2015, 07.09.2016 AND 22.04.2019 ANNEXURE-F,F1 AND F2 HEREBY CALLED UPON TO TRANSFER THE LAND MEASURING 20 GUNTAS OUT OF RS.22A/1A/1A AND 30 GUNTAS OF RS.22A/5A IN FAVOR OF PETITIONERS AS PER AGREED TERMS AND CONDITIONS.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
The petitioners are before this Court under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 and 2 to consider their representations dated 22.08.2015, 7.9.2016 and 22.04.2019 vide Annexures-F, F1 and F2 respectively.
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petitions. But, it is open for the petitioners to make proper representation to the concerned Authority for redressal of their grievance. Accordingly, the writ petitions are disposed of with liberty as stated above.
Sd/JUDGE
JTR
3 issues framed by the court
Whether a writ of mandamus can issue directing a non-state body like a Vidya Samvardhak Sangh to consider representations.
Whether a writ of mandamus can issue directing a Tahsildar to consider a legal notice rather than a representation.
Whether the petitioners have locus standi for redressal of grievance pertaining to land transfer.
Shankar S/O Shankar Bangari @ Desai
Sharad S/O Shankar Bangari @ Desai
Saritai S/O Shankar Bangari @ Desai
Varsha W/O Raju Biradar
The Thasildar Hukkeri
Shri Duradundeshwar Vidya Samvardhak Sangh
S.G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
