Disposed

Sri G Devendra Gowda v. the Deputy Commissioner

Karnataka HC15 Nov 2022WP/5069/2022

Case brief

AI extract

What is this about?

Petitioner sought Phodi and Durasth for land where grant remains provisional. Court held interim stage not suitable, reserved liberty after beneficiary impress has been acted upon and assured application possibility for permanent grant confirmation.

What did the court decide?

Petition disposed with liberty to avail benefit if representation was acted upon and provides assurance to make online application.

Sri G Devendra Gowda Vs the Deputy Commissioner — Land Acquisition | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.5069 OF 2022(KLR-RR/SUR)

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BETWEEN:

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SRI. G DEVENDRA GOWDA, S/O LATE GIDDAPPA GOWDA, AGED ABOUT 65 YEARS, R/AT ULUKOPPA, GINIKAL VILLAGE, NAGARA HOBLI, YEDUR POST, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT-577 448. (SENIOR CITIZEN BENEFIT NOT CALIMED)

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…PETITIONER

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(BY SMT.PUSHPALATHA S.P, ADVOCATE FOR SRI. MUNIYAPPA, ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201.

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THE ASSISTANT COMMISSIONER, SAGARA SUB-DIVISION, SAGARA, SHIVAMOGGA DISTRICT-577 401.

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THE TAHSILDAR, HOSANAGARA TALUK, HOSANAGARA, SHIVAMOGGA DISTRICT-577 418.

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…RESPONDENTS

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(BY SRI. R SRINIVASA GOWDA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO TAKE ACTION IN ACCORDANCE WITH LAW ON THE REPRESENTATION GIVEN BY THE PETITIONER DATED

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02.02.1989, 2.10.2000, 30.04.2009 AND 25.06.2019 TO DO THE PHODI AND DURASTHI AND AKARBAND IN RESPECT OF THE SCHEDULE PROPERTY IN THE NAME OF THE PETITIONER VIDE ANNEXURE-A, A1, A2 AND B

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

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ORDER

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The short grievance of the Petitioner is as to non-

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consideration of his representation dated 2.2.1989 (Annexure-A) wherein, phodi, durasth & akarbandh in respect of the subject land has been sought for.

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Learned counsel for the Petitioner

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Smt.Pushpalatha vehemently argues that when a citizen makes a representation, the authorities are bound to take a decision thereon, this way or that way consistent with the constitutional mandate in terms of Article 350. No decision having been taken on the subject representation, her client is knocking at the doors of Writ Court, says she.

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Learned AGA appearing for the official

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respondents opposed the petition contending that the question of phodi, durasth & akarbandh would arise only where the grant is made permanent, the subject grant of

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land still being temporary and provisional, such a relief cannot be granted to the Petitioner. When asked as to whether the grant would be made permanent, the learned AGA submits & this court thinks rightly that if an appropriate application is made, supported by all the records, there would be no difficulty for considering the same in accordance with law. He also assures this court that if and when the grant is made permanent by way of confirmation, Petitioner can also make online application for the relief of the kind. This is fair enough.

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In view of the above, the Writ Petition is disposed off reserving liberty to the Petitioner to avail whatever benefit available under law as enacted above.

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Costs made easy.

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Sd/JUDGE

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cbc

Sri G Devendra Gowda v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Sri G Devendra Gowda v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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