The Karnataka High Court directed the Land Tribunal to conclude pending proceedings regarding Form-7 under Section 48-A of the Karnataka Land Reforms Act within three months, citing the right to speedy justice.
Direct the Land Tribunal to conclude pending proceedings under Form-7 within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.43053 OF 2016(LR)
BETWEEN:
BOTH ARE SONS OF LATE MANNAR KRISHNA IYENGAR NO 2074, WARD, NARAYANASWAMY TEMPLE ROAD, KOLLEGAL TOWN, CHAMARAJA NAGAR DISTRICT.
… PETITIONERS
(BY SRI.KISHOR KUMAR H M,ADVOCATE)
AND:
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KOLLEGAL - 571 440.
ALL ARE RESIDING AT UPPALGERE VILLAGE, KOLLEGAL TALUK, CHAMRAJANAGAR DISTRICT – 571 440.
… RESPONDENTS
(BY SRI. V SESHU, HCPG FOR R1 & R2; NOTICE TO R3 TO R5 IS D/W V.C.O DATED 13/4/2018)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-2 TO CONSIDER AND CONCLUDE THE PROCEEDINGS IN LRF.193, 195, 189, 99/1974-1975 IN RESPECT OF FORM NO.7 OF R-3 TO 5 SEC. 48-A OF THE KARNATAKA LAND REFORMS ACT, 1961
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The complaint of the petitioners in writ jurisdiction is as to
the long pendency of the proceedings in LRF 193, 195, 189, 99/1974-75 in respect of Form-7 filed by Respondents 3 to 5
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u/s.48A of the Karnataka Land Reforms Act, 1961. The essential grievance is as to the long pendency of these proceedings.
In view of the above, the writ petition is disposed off with a direction for accomplishment of the pending proceedings within an outer limit of three months. All contentions are kept open. If
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delay is brooked, the erring officials may be saddled with heavy costs on a memo being moved by the petitioners.
Now, no costs.
Sd/JUDGE
Snb/
2 issues framed by the court
Whether the writ court should direct the completion of pendency proceedings under Section 48-A of the Karnataka Land Reforms Act, 1961.
Whether the Right to Speedy Justice under Articles 14 and 21 of the Constitution of India mandates the disposal of pending proceedings.
3 provisions across 2 enactments
Kasturi Rangan & Another
State of Karnataka
Land Tribunal, Kollegal
Sri. Mahadeva & Others
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
