High Court rejected a writ petition seeking land allotment, ruling that the prayer no longer survives as the representation was considered and an endorsement issued, reserving liberty to challenge the endorsement separately.
Writ petition disposed; liberty reserved to challenge endorsement in R1 before appropriate forum.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 8th DAY OF JUNE 2021
BEFORE
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION No.110682/2019 (KLR-RES)
BETWEEN :
DEVENDRA DODDABASAPPA NEKAR S/O SRI. LATE DODDABASAPPA NEKAR AGED ABOUT 36 YEARS R/O BASAVAKATTI VILLAGE BOODAGATTI POST HAVERI TALUK AND DISTRICT-581128 (BY SRI. N.R. KUPPELUR, ADV.)
.. PETITIONER
AND :
1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, BENGALURU-560001
2 . THE DEPUTY COMMISSIONER HAVERI DISTRICT-590002
3 . THE ASSISTANT COMMISSIONER HAVERI TALUK AND DISTRICT-590002
4 . THE THASILDHAR HAVERI TALUK AND DISTRICT-590002
.. RESPONDENTS
(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS AGAINST THE RESPONDENTS THEREBY THEM DIRECTING THEM TO GRANT 5 ACRES OF LAND EITHER IN SURVEY NO.96 OR 101 OR 102 OR 46AH/AH OR 100 OR 94 OF BASAVANAKATTI + SOMANAKATTI VILLAGE, KARAJAGI HOBLI OR
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IN SURVEY NO.559E/2 OR 559G/3 OR 559/F OF NEGALURU VILLAGE, GUTTHALA HOBLI, HAVERI TALUK AND DISTRICT OR ANY ALTERNATIVE LAND IN THE SAME LOCALITY, IN FAVOUR OF THE PETITIONER BY CONSIDERING THE APPLICATION OF THE PETITIONER A COPY OF RTC EXTRACTS OF THE SAID LANDS ARE HEREWITH SUBMITTED AS ANNEXURES-A, A1, A2, A3, A4, A5, A6, A7 AND A8 RESPECTIVELY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner has sought for the
following relief:
objections and submitted that the only relief sought by the petitioner is a direction to consider his representation. He submitted that as per Annexure R1, the representation of the petitioner has been considered and an endorsement has been
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issued. Therefore, he submitted that the prayer of the petitioner no more survives for consideration.
is taken on record.
Accordingly, the writ petition is disposed of reserving liberty to the petitioner to challenge the endorsement Annexure R-1 dated 17.12.2019 before appropriate legal forum. All the contentions of the parties are left open.
JUDGE
Sd/-
kmv
DEVENDRA DODDABASAPPA NEKAR
THE STATE OF KARNATAKA
THE DEPUTY COMMISSIONER HAVERI
THE ASSISTANT COMMISSIONER HAVERI
THE THASILDHAR HAVERI
H.T. NARENDRA PRASAD
As recorded by the court registry
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