Disposed

Sri Nijalingappa v. the State of Karnataka

Karnataka HC4 Jul 2022WP/8985/2019

Case brief

AI extract

What is this about?

This is a preliminary hearing order wherein the petitioner presented an office note indicating that a matter reserved in 2018 remained undisposed of. The Court directed the Deputy Commissioner to comply with a prior order and dispose of the proceedings within eight weeks before dismissing the writ petition.

What did the court decide?

The petition is disposed of. The Respondent No. 2 (Deputy Commissioner) is directed to dispose of the proceedings within eight weeks from the date of receipt of this order.

Sri Nijalingappa Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 4^TH DAY OF JULY, 2022

¶4

BEFORE

¶5

THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

¶6

W.P.No.8985/2019 (LR)

¶7

BETWEEN:

¶8

SRI.NIJALINGAPPA S/O.LATE MAHADEVAPPA AGED ABOUT 70 YEARS R/AT S.UTTANAHALLI (GOVT.) VARUNA HOBLI, MYSORE TALUK MYSORE DISTRICT-571 105

¶9

… PETITIONER

¶10

(BY SRI.OMKARA MURTHY G., ADV.)

¶11

AND:

¶12

THE STATE OF KARNATAKA

¶13

REP. BY THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT VIDHANA SOUDHA

¶14

BANGALORE-560 001

¶15

DEPUTY COMMISSIONER

¶16

MYSORE DISTRICT

¶17

MYSORE-571 105

¶18

ASSISTANT COMMISSIONER

¶19

MYSORE SUB-DIVISION MYSORE-571 105

¶20

THE CHAIRMAN

¶21

LAND TRIBUNAL MYSORE TALUK

¶22

MYSORE-571 105

¶23

… RESPONDENTS

¶24

(BY SRI C.N.MAHADESHWARAN, AGA)

¶25

¶26

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PASS THE ORDER IN RESPECT OF THE APPLICATION DATED: 03.05.1991 AND GRANT THE LAND AS PRAYED IN ANNEXURE-A AND AS DIRECT BY ORDER DATED 13.02.2013 IN W.P.NO.2488/2013 (LR) VIDE ANNEXURE-C AND ETC.

¶27

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

¶28

ORDER

¶29

The petitioner had earlier filed W.P.No.2488/2013. This Court by an order dated 13.02.2013 passed the following order:

¶30

“Petitioner made request to issue a writ of mandamus to the respondent Nos. 3 and 4, the Assistant Commissioner, Mysore Sub-Division, Mysore and the Chairman, Land Tribunal, Mysore Taluk, Mysore to grant the occupancy rights of the lands as prayed in the application referred at Annexure-B dated 02.05.1991. In Annexure-B his name is referred to an extent of 2 acres in respect of Survey No.197 and 13 guntas in respect of Survey No.26. He further submits that in the same Annexure-B in respect of the application filed by one Somanna the order has been passed conferring occupancy rights, the same has not been done in case of the petitioner.

¶31

¶32

On directions to the learned Government pleader to secure records, he submits that the records were not available in order to consider the case of the petitioner.

¶33

In the light of the submission made by both counsel, direction is issued to the respondent Nos.3 and 4 to pass appropriate orders as per Annexure-B and issue grant certificate in favour of the petitioner after making necessary examination within a period of six weeks from the date of receipt of copy of this order.

¶34

Accordingly, writ petition is hereby disposed of.”

¶35

It is the contention of the petitioner that pursuant to the said order, proceedings were taken up and the matter was reserved for orders on 14.02.2018.

¶36

The petitioner has also produced the office note as Annexure-D. The said office note indicates that on 14.02.2018, the matter was called and the applicant and his counsel were present. The said note also indicates that the orders were reserved in the case.

¶37

¶38

It is submitted by the learned counsel for the petitioner that though more than four years had elapsed, orders are yet to be passed by the concerned Deputy Commissioner.

¶39

In view of the above, a direction is issued to the concerned Deputy Commissioner, Mysuru District, Mysuru, to comply with the order dated 13.02.2013 passed by this Court in W.P.No.2488/2013 and dispose of the proceedings within a period of eight weeks from the date of receipt of a certified copy of this order.

¶40

Writ Petition is accordingly disposed off.

¶41

SD/JUDGE

¶42

PKS

Sri Nijalingappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Nijalingappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

R D Venkatachalapathy Vs the State of Karnataka

Sri D K Krishna Vs the Deputy Commissioner

Urugendra Vs the Deputy Commissioner

Sri. Anandamallappa Vs the State of Karnataka

Annegowda Vs the Deputy Commissioner

Sri. D. Harshendra Kumar Vs the Assistant Commissioner