Partly allowed

Sri K J Lokesh v. State of Karnataka

Karnataka HC9 Mar 2023WP/1520/2023

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Karnataka held that the respondent authorities were legally obliged to consider an ex-serviceman's application for land grant. The Court ordered the authorities to hear the application and pass orders within two months.

What did the court decide?

Respondent Nos. 2 and 3 directed to consider the petitioner's application for land grant and pass appropriate orders within two months.

Sri K J Lokesh Vs State of Karnataka — Land Acquisition | Karnataka HC (2023)

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WP No. 1520 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.1520 OF 2023 (KLR-RES)

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BETWEEN:

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SRI K J LOKESH S/O LATE JAVARE GOWDA AGED ABOUT 47 YEARS R/AT KERAGANAHALLI VILLAGE KODLIPETE HOBLI, SOMAVARAPETE TALUK KODAGU DISTRICT - 571 231

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…PETITIONER

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(BY SRI. MUDDURAJ C, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

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REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT

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BENGALURU - 560 002

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DEPUTY COMMISSIONER KODAGU DISTRICT KODAGU (COORG) - 571 201

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TAHASILDAR

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SOMAVARA PETE TALUK SOMAVARAPETE KODAGU DISTRICT - 571 236

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…RESPONDENTS

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(BY SRI. V.SESHU, HCGP)

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WP No. 1520 of 2023

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTION TO THE RESPONDENTS TO GRANT IN SY.NO.70/1, KYATHE VILLAGE, KODLIPETE HOBLI, SOMAWARAPETE TALUK, MADIKERI DISTRICT IN ACCORDANCE WITH LAW AS PER THE APPLICATION IN ANNEXURE-B; b) PASS SUCH OTHER ORDERS AS THE PETITIONERS ARE ENTITLED TO UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE CASE OF THE PROCEEDINGS, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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ORDER

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Though the matter is listed for preliminary hearing,

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with the consent of learned counsel for the parties the petition is taken up for final disposal.

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Learned counsel for the petitioner would submit

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that the petitioner is before this Court under Article 226 of the Constitution of India praying for a writ of mandamus to consider application dated 18.06.2009 for grant of land in

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WP No. 1520 of 2023

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Sy.No.70/1, Kyathe Village, Kodlipete Hobli, Somawarapete Taluk, Madikeri District.

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Learned counsel for petitioner would submit that the petitioner is an ex-servicemen and he filed application vide Annexure-B for grant of land reserved for exservicemen indicating land in Sy.No.70/1 measuring 04 acre of Kyathe Village, Kodlipete Hobli, Somawarapete Taluk, Madikeri District.

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Learned counsel for petitioner invites attention of this Court to survey report and the letter of the Forest Department at Annexure-K dated 25/27.02.2012, wherein the Forest Department has made it clear that the land would not belong to the Forest Department and had only demanded seigniorage value of the trees. Learned counsel for petitioner would submit that the application is pending for last more than 10 years and he prays for a direction to respondent to consider application at Annexure-B for grant of land in accordance with law.

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WP No. 1520 of 2023

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On the other hand, learned High Court Government Pleader would submit that the petitioner's application at Annexure-B would be considered and

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appropriate orders would be passed if some time is given.

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Taking note of the above submission, I am of the view that petitioner would be entitled for a writ of mandamus as prayed for. Petitioner has placed on record Annexure-A to establish that he is an ex-servicemen. The petitioner submitted application dated 18.06.2009 requesting grant of land in Sy.No.70/1 measuring 04 acre of Kyathe Village, Kodlipete Village, Somawarapete Taluk, Madikeri District. In pursuance to the petitioner's application, survey report is also obtained. Forest Department has submitted no objection but demanded seigniorage value of trees in the said land. The respondent is legally obliged to consider the application of the petitioner, in accordance with law.

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In the light of the above, the following:

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WP No. 1520 of 2023

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ORDER

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(i) Writ petition is disposed of.

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(ii) Respondent Nos.2 and 3 are directed to consider the application at Annexure-B dated 18.06.2009 for grant of land to petitioner, an ex-servicemen and pass appropriate orders in accordance with law within a period of two months from the date of receipt of this order.

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SD/JUDGE

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RR List No.: 1 Sl No.: 28

Sri K J Lokesh v. State of Karnataka

Case brief

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Sri K J Lokesh v. State of Karnataka

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