Disposed

Sri Rajashekar B Y v. the State of Karnataka

Karnataka HC23 Jun 2021WP/5065/2021

Case brief

AI extract

What is this about?

A writ petition filed by an ex-serviceman seeking direction to grant 5 acres of land under Karnataka Land Grant Rules, 1969. The court directed the Tahsildar to consider the petitioner's representation and objections from villagers expeditiously within four months. Petitioner can file a certified representation within four weeks.

What did the court decide?

Direction to the Tahsildar, Mudigere Taluk, to consider the petitioner's representation expeditiously within four months of receipt of a further certified copy of this order.

Sri Rajashekar B Y Vs the State of Karnataka — Land Acquisition | 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 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. 5065/2021 (KLR/LG)

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BETWEEN :

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SRI RAJASHEKAR B Y S/O B.D.YENKAPPA AGED 38 YEARS, R/AT BETADAMANE VILLAGE AND POST, GONIBEEDU HOBLI, MUDIGERE TALUK CHIKAMAGALURU DISTRICT - 577132.

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... PETITIONER

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(By Sri. ABHIJITH M.M, ADVOCATE)

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AND :

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THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING, B.R.AMBEDKAR ROAD, BENGALURU - 560 001 REP BY ITS SECRETARY.

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THE DEPUTY COMMISSIONER CHIKAMAGALURU DISTRICT, CHIKAMAGALURU - 577 101.

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TAHASILDAR MUDIGERE TALUK MUDIGERE, CHIKAMAGALUR DISTRICT - 577 132. ... RESPONDENTS

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(By SRI. SRINIVASA GOWDA.,AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION TO THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 22.11.2017 & 25.11.2017 SUBMITTED BY THE PETITIONER RESPECTIVELY, SAME WAS PRODUCED HERE WITH AND MARKED AS ANNEXURE-F & F1 AND DIRECT THE RESPONDENT NO.3 TO CONSIDER THE LETTER FORWADED BY THE RESPONDENT NO.2 AS ANNEXURE-N BEARING NO. LND DR:304/20-21 DATED 17.12.2020 SKETCHED LAND AS PER ANNEXURE-K2 FOR CULTIVATION & ISSUE GRANT CERTIFICATE IN FAVOR OF THE PETITIONER BY THE REPRESENTATIONS REFERRED TO ABOVE SUPRA.

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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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O R D E R

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The petitioner, an ex-serviceman, has filed this petition for a direction to the respondents to consider his representations [Annexures -F and F1] and to direct the respondents to grant land measuring 5 acres in Sy.No.120 of Bettadamane village, Gonibeedu Hobli, Mudigere Taluk [the subject land].

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There is no dispute that the petitioner is an exserviceman and is entitled for a preferential grant of land in terms of the provisions of Rules 5 and 6 of the Karnataka Land Grant Rules, 1969 and that certain proceedings have also been initiated to examine whether the subject land could be granted to the petitioner under these Rules.

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The learned Additional Government Advocate, relying on the communication by the Tahsildar, Mudigere Taluk, submits that a report from the Revenue Inspector, Gonibeedu has been obtained as regards the permissibility of granting the subject land and further action has not been taken only because some of the villagers have objected on the ground that this land would be required for purposes such as play ground, school, anganavadi and other public purposes. The Tahsildar will consider such objections in accordance

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with law and take necessary action in a time bound manner.

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In the light of this submission, the writ petition stands disposed of directing the Tahsildar, Mudigere Taluk, Mudigere, Chikkamagaluru District to consider the petitioner's representation in accordance with law in an expeditious manner. The petitioner is permitted to file a representation enclosing a certified copy of this order within four [4] weeks from the date of receipt thereof. If such representation is submitted, the Tahsildar, Mudigere Taluk, Mudigere, Chikkamagaluru shall take expedited decision in accordance with law but within an outer limit of four [4] months from the date of receipt of such representation.

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SD/JUDGE

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Sri Rajashekar B Y v. the State of Karnataka

Case brief

What is this about?

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Sri Rajashekar B Y v. the State of Karnataka

Case brief

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