Dismissed

T R Subbalakshmi v. State of Karnataka

Karnataka HC25 Jun 2021WP/25219/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of Writ Petition No. 25919/2019 seeking a direction to grant land. The Court allowed the petitioner's request to withdraw the petition, relying on a previous order in W.P. No. 24800/2019 which was dismissed as withdrawn with liberty. The present petition was dismissed accordingly.

What did the court decide?

The petition is dismissed as withdrawn with liberty as sought for the petitioner to approach the Court if the exchange deed is found.

T R Subbalakshmi Vs State of Karnataka — Property and Title | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF JUNE 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO. 25919/2019 (KLR -LG)

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BETWEEN

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T.R. SUBBALAKSHMI, S/O H.R. SHIVAKUMAR, AGED ABOUT 54 YEARS, RESIDING AT NO. 91, SAI KRUPA, 3^RD MAIN, 1^ST CROSS, SARVABHOUMANAGAR, CHIKKALLASANDRA, BENGALURU-560 061.

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...PETITIONER

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(BY SRI SHARATH GOWDA. G.B., ADVOCATE)

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AND

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STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, MS BUILDING, BENGALURU - 560 001.

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THE SPECIAL DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU -560 027.

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THE TAHASILDAR,

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BENGALURU SOUTH TALUK,

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BENGALURU - 560 009.

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THE DISTRICT SOCIAL WELFARE OFFICER, BANGALORE URBAN DISTRICT, BENGALURU - 560 027.

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THE MANAGING DIRECTOR, KARNATAKA PUBLIC LANDS CORPORATION LTD., 2^ND FLOOR,

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DEPUTY COMMISSIONER’S OFFICE BUILDING, K.G. ROAD, BENGALURU - 560 009.

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….RESPONDENTS

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(BY SRI.A.R.SRINIVASA, AGA FOR R1 TO R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE 1^ST AND 2^ND RESPONDENT TO GRANT TO THE LANDS IN SY. NO. 192 MEASURING 11 GUNTAS SITUATED IN KURUBARAHALLI VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK AS PER THE RECOMMENDATION IN ANNEXURE-J AND ETC.,

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The learned counsel for the petitioner seeks leave to withdraw this petition relying upon the orders of this Court in W.P. No. 24800/2019 which is disposed of on 25.11.2019.

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The order dated 25.11.2019 reads as under:-

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Petitioner claims that he purchased a house site which falls in Survey No. 194 of Kurubarahalli Village, Tavarekere Hobli, from one Papanna. The said Papanna had purchased the same from one Anil Kumar Kothari. It is claimed that the said Anil Kumar Kothari had permitted construction of hostel in this land bearing No. 195.

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2. Petitioner’s case before this Court is that an exchange deed was executed between Anil Kumar Kothari and the State Government where under survey No. 194 has been granted in favour of Anil Kumar Kothari. On the said premise petitioner is seeking a writ of mandamus seeking a direction to the State Government to

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grant 7 guntas of land in survey No. 194 to the petitioner.

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3. The exchange deed is not produced. No other material is produced to show that the Government has executed the exchange deed. In the circumstances no mandamus can be granted to the Government to grant any land in survey No. 194.

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4. At this stage learned Advocate for petitioner seeks leave to withdraw the writ petition with liberty to approach this Court in case he finds the exchange deed. He has filed a memo of even date to the said effect.

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5. Memo is placed on record. Petition is dismissed as withdrawn with liberty as sought. No costs."

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The learned counsel for the petitioner

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submits that the petitioner is similarly placed as the petitioner before this Court in the other aforesaid writ petition inasmuch as this petitioner has purchased site bearing Nos.1 and 2 formed in Survey No. 193 of Kurubarahalli village, Tavarekere Hobli and the

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petitioner’s right to relief in the petition would depend on Exchange Deed executed between the State of Karnataka and the original predecessor-in-title Sri Anil Kumar Kothari, who was also the owner of the land in Survey No.192 and 194 of Kurubarahalli Village, Tavarekere Hobli, and copy of the Exchange Deed is not presently available with the petitioner.

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On hearing the learned counsel for the petitioner and the learned Additional Government Advocate, the petition stands dismissed as withdrawn with liberty as sought for, subject to all just exceptions

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in law.

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Sd/JUDGE

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mbb

T R Subbalakshmi v. State of Karnataka

Case brief

What is this about?

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T R Subbalakshmi v. State of Karnataka

Case brief

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