The Court dismissed a writ petition for mandamus seeking a grant of land under the Ex-Serviceman category. The Court held the prayer cannot be granted as the petitioner is not an ex-serviceman and his father never applied for such land.
The writ petition was dismissed; the prayer for grant of land under Ex-Serviceman category was rejected.
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 AT BENGALURU
DATED THIS THE 14TH DAY OF JULY 2022
BEFORE
THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA
WRIT PETITION NO.5923/2020 (KLR-LG)
BETWEEN:
S.MOHAMMED ALI S/O LATE KASIM SABH, AGED ABOUT 58 YEARS, D.MEDAHALLI VILLAGE DEVANAGUNDI POST, HOSAKOTE TALUK BENGALURU RURAL DISTRICT-560 067
…PETITIONER
(BY SRI.A.G.SHIVANNA, SENIOR COUNSEL FOR SRI T.M.MANJUNATH, ADVOCATE)
AND:
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BENGALURU RURAL DISTRICT-5621 14.
…RESPONDENTS
(BY SRI R.SREENIVASA GOWDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REQUEST OF PETITIONER AS PER LETTER DATED 12.06.2014 IN ANNX-A FOR GRANT OF LAND IN SY.NO.62 MEASURING 3 ACRES 21 GUNTAS OF DEVANGUNDI VILLAGE OR SY.NO.63 MEASURING 4 ACRES OF AREHALLI, ANUGONDANAHALLI HOBLI, HOSIOTE TALUK, UNDER EXSERVICEMAN CATEGORY EXPEDITIOUSLY OR NAY OTHER SUITABLE LAND AVAILABLE IN THE HOBLI IN ACCORDANCE WITH LAW. , ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The prayer made in this writ petition is for a mandamus to direct the respondents to consider the request of the petitioner for grant of land in Sy.No.62 measuring 3 acres 21 guntas of Devanagundi village or Sy.No.63 measuring 4 acres of Arehalli, Anugondanahalli Hobli, Hoskote taluk, under Ex-Serviceman category.
serviceman. However, it is contended that his father was
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an ex-serviceman. It is also admitted that the father of the petitioner had never made an application seeking for grant of land under the Ex-serviceman quota.
Sd/JUDGE
KNM/-
2 issues framed by the court
Whether the petitioner is entitled to a grant of land under the Ex-Serviceman category when he is not an ex-serviceman and his father never made an application.
Whether the writ petition for mandamus to direct respondents to consider the petitioner's request for land grant should be allowed.
1 provisions across 1 enactments
S. Mohammed Ali
The State of Karnataka
N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
