Disposed

Sri Manjunath v. the State of Karnataka

Karnataka HC1 Oct 2021WP/15402/2021

Case brief

AI extract

What is this about?

Petitioners filed a writ petition under Articles 226 and 227 praying for the disposal of pending Land Reform file numbers. The court issued a mandamus directing the Land Tribunal to dispose of the proceedings within 12 months of receiving the file. The petition was disposed of without hearing or issuing legal notices.

What did the court decide?

A mandamus was issued directing the Land Tribunal to dispose of the proceedings in LRF 3273/75-76, 3272, 3274, and 1682/75-76 within 12 months from the date of receipt of the file.

Sri Manjunath Vs the State of Karnataka — Land Acquisition | Karnataka HC (2021)

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W.P No.15402/2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF OCTOBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.15402 OF 2021 (LR)

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BETWEEN:

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1 . SRI MANJUNATH SON OF LATE BYRAPPA, AGED ABOUT 55 YEARS, RESIDING AT NO 6/1, BYRAPPA COMPOUND, PUTTENAHALLI CIRCLE, J P NAGAR VII PHASE, BENGALURU 560078

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2 . SRI B RAMACHANDRA SON OF LATE BYRAPPA, AGED ABOUT 51 YEARS, RESIDING AT NO 6/1, BYRAPPA COMPOUND, PUTTENAHALLI CIRCLE, J P NAGAR VII PHASE, BENGALURU 560078

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... PETITIONERS

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(BY SRI CHANDRASHEKAR P., ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA DEPARTMENT OF LAND REFORMS/REVENUE VIDHANA SOUDHA, BENGALURU 560001, BY ITS SECRETARY

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2 . LAND TRIBUNAL BENGALURU SOUTH TALUK, BENGALURU 560001, BY ITS CHAIRMAN

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3 . J V GANGADHARACHAR SINCE DEAD BY HIS LEGAL REPRESENTATIVES

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W.P No.15402/2021

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3(A) SMT RUKMINIYAMMA, W/O LATE J V GANGADHARACHAR AGED ABOUT 70 YEARS

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3(B) SRI CHANDRASHEKAR S/O LATE J V GANGADHARACHAR AGED ABOUT 61 YEARS

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3(C) SRI G SHANKARA S/O LATE J V GANGADHARACHAR AGED ABOUT 59 YEARS

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3(D) SRI G SADASHIVA S/O LATE J V GANGADHARACHAR AGED ABOUT 57 YEARS

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3(E) SRI G ANANDAKUMAR S/O LATE J V GANGADHARACHAR, AGED ABOUT 49 YEARS,

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3(F) SMT. GIRIJA D/O LATE J V GANGADHARACHAR AGED ABOUT 47 YEARS

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3(G) SRI SUDHAKAR S/O LATE J V GANGADHARACHAR AGED ABOUT 45 YEARS

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3(H) SMT. MAHALAKSHMI D/O LATE J V GANGADHARACHAR AGED ABOUT 43 YEARS

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3(I) SRI G MANJUNATH S/O LATE J V GANGADHARACHAR AGED ABOUT 41 YEARS

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3(J) SRI G PRAKASH S/O LATE J V GANGADHARACHAR AGED ABOUT 33 YEARS

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3(K) SRI NAVEEN KUMAR S/O LATE G LAKSHMIDEVAMMA GRANDSON OF LATE J V GANGADHARACHAR

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ALL ARE RESIDING AT NO.26 MAHALAKSHMI NILAYA,

W.P No.15402/2021

... RESPONDENTS

MAHALAKSHMI FLOOR MILL, J P NAGAR POST, JARAGANAHALLI, BENGALURU - 560 078

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(BY SRI R. SRINIVAS GOWDA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 LAND TRIBUNAL TO DISPOSE THE REPRESENTATION OF THE P-1 DTD. 10.11.2020 SEEKING PERMISSION TO PUT UP CONSTRUCTION, ACKNOWLEDGED BY THE LAND TRIBUNAL ON THE SAME DAY IN LRF 3273/75-76, 3272, 3274, 1682/75-76, THE COPY OF WHICH IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-G TO THE WRIT PETITION AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Sri R.Srinivas Gowda, learned Additional Government Advocate accepts notice for respondent Nos.1 and 2.

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The petitioner is before this Court seeking for the following reliefs:

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"a) Issue a writ in the nature of mandamus or any other appropriate Writ Order or direction directing the Second Respondent Land Tribunal to dispose the representation of the first Petitioner dated 10.11.2020 seeking permission to put up construction, acknowledged by the land tribunal on the same day in LRF 3273/75-76, 3272, 3274, 1682/75-76, the copy of which is produced herewith and marked as Annexure-G to the Writ Petition.

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b) Issue a writ in the nature of mandamus or any other appropriate Writ Order or direction directing the Second Respondent

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W.P No.15402/2021

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Land Tribunal to dispose of the LRF 3273/75-76, 3272, 3274, 1682/75-76 pending before it, as per representation of the Petitioners dated 23.03.2021 acknowledged by the Second Respondent Land Tribunal on the 03.04.2021 the copy of which is produced herewith and marked as Annexure-H to the Writ Petition.

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c) Pass any order of consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity."

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The grievance of the petitioners is that despite the order of this Court dated 17.02.2016 passed in Writ Petition No.7022/2005, the proceedings in LRF 3273/75-76, 3272/75-76, 3274/75-76 and 1682/75-76 have not been taken up for disposal.

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Sri R Srinivas Gowda, learned Additional Government Advocate on an earlier occasion sought for time to take instructions and make his submissions. Today, he submits that the original file which had been called for when Writ Petition No.7022/2005 was pending before this Court, had been retained by the Advocate General's office and has not been sent back to the Land Tribunal. The Advocate General's office has now received a requisition for return of the file and the file will be returned within a week from

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W.P No.15402/2021

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today. He, therefore, submits that once the file is returned to the Land Tribunal, the Land Tribunal will take up the matter for consideration.

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In view thereof, a mandamus is issued directing the Land Tribunal to dispose of the proceedings in LRF 3273/75-76, 3272/75-76, 3274/75-76 and 1682/75-76 within a period of 12 months from the date of receipt of the file. The petitioners shall appear before the Land Tribunal, Bengaluru South Taluk on 28.10.2021 at 3.00 p.m without requirement of any further notice. The Land Tribunal is directed to issue notice to other stakeholders in the matter and proceeds therefrom.

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The petition is accordingly disposed of.

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Sd/JUDGE

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AHB

Sri Manjunath v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Manjunath v. the State of Karnataka

Case brief

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