Allowed

Hanumantharaju D R v. the State of Karnataka

Karnataka HC23 Oct 2021WP/18658/2021

Case brief

AI extract

What is this about?

Writ petition filed under Articles 226 and 227 challenging non-implementation of an Assistant Commissioner's order regarding land transfer under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The court directed the respondent to consider the petitioners' representation and pass an order.

What did the court decide?

Respondent No.2 directed to consider the representation of the petitioners dated 16.04.2015 and pass appropriate order within three months.

Hanumantharaju D R Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF OCTOBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE ASHOK.S.KINAGI

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WRIT PETITION NO.18658 OF 2021 (SC-ST)

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BETWEEN :

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Hanumantharaju.D.R Son of late Ramaiah, Aged about 39 years

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Jayamma Wife of late Ramaiah, Aged about 59 years

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Gajalakshmi Daughter of late Ramaiah Aged about 41 years

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Sowbhagya.R Daughter of late Ramaiah, Aged about 37 years,

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All are residing at No.46, Devagere Colony, Kumabalagodu Post, Kengeri Hobli, Bangalore South Taluk, Bangalore-560060

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… Petitioners

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(By Sri Shantha Veeraiah, Advocate)

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AND:

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The State of Karnataka Revenue Department By its Secretary, M.S.Building, Dr.Ambedkar Veedhi, Bangalore-560009

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The Tahsildar Bangalore South Taluk, K.G.Road, Bangalore-560009 ... Respondents

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(By Sri.M.Sandesh Kumar, HCGP)

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This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R2 to consider the representation of the petitioners dated 16.04.2015 vide Annexure-E in implementing the order dated 10.04.2015 passed in K.SC/ST(S) 33/2013-14 by effecting the RTC and Mutation to the name of the petitioners pertaining to Sy.No.69/p4, measuring 2 acres, situated at Devagere Village, Kengeri Hobli, Bangalore South Taluk, by allowing the above writ petition.

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This Writ Petition coming on for orders through this day, the Court made the following:

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O R D E R

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Petitioner has filed this writ petition seeking for a

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mandamus directing respondent No.2 to consider the

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representation of the petitioners dated 16.04.2015 vide Annexure-E.

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It is the case of the petitioners that the petition is filed under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'PTCL Act') before the Assistant Commissioner. The Assistant Commissioner vide order dated 10.04.2015 allowed the petition by nullifying all the sale transactions and the revenue records pertaining to the granted land and directed respondent No.2 to restore the land to the Government and thereafter, re-grant the said land to the legal representatives of original grantee. The petitioners' submitted the representation to respondent No.2 to change the RTC and mutated the name of the petitioners' as they are the legal representatives of the original grantee and to implement the order dated 10.04.2015 passed by the Assistant Commissioner. Respondent No.2 has not considered the representation submitted by the petitioner. Hence, this petition.

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3. Learned High Court Government Pleader

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submits that if reasonable time is granted to respondent No.2, respondent No.2 will consider the representation and

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pass appropriate order in accordance with law.

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4. His submission is placed on record.

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The writ petition is allowed.

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Respondent No.2 is directed to consider the

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representation of the petitioner dated 16.04.2015 vide Annexure-E and pass appropriate order in accordance with law, within a period of three months from the date of receipt of a copy of this order.

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SD/JUDGE

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ssb

Hanumantharaju D R v. the State of Karnataka

Case brief

What is this about?

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Hanumantharaju D R v. the State of Karnataka

Case brief

What is this about?

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